Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.2692 of 2026
Trinath Swain …. Petitioner(s)
Mr. Tara Prasad Mohapatra, Advocate -versus- State of Odisha …. Opposite Party(s)
Mr. Jateswar Naik, AGA
CORAM: JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER 22.04.2026
01.
1. Heard.
2. The petitioner is seeking pre-arrest bail in connection with Krushnaprasad P.S. Case No.29 of 2026 corresponding to G.R. Case No.104 of 2026 registered on the allegation of the commission of offences under Sections 279/326(b) of B.N.S., 2023 read with Section 3 of PDPP Act pending in the Court of the learned J.M.F.C. (Cog-I), Puri.
3.
Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. p. 2
4. The prosecution case, in brief, is that on 21.01.2026 at about 8:35 P.M., the informant lodged a written report alleging, inter alia, that the Revenue Inspector, Krushnaprasad, during patrolling in Chilika Lake, reported before the Tahasildar, Krushnaprasad, that the accused person, namely Trinath Swain, had unauthorizedly constructed net enclosures (gherries) in the outer Chilika area of Mouza Khatiakudi (Panchakudi). Hence, the present case.
5.
Learned counsel for the petitioner relying upon various judgment of the Hon’ble Supreme Court, submits that the alleged offence prescribes the sentence lesser than seven years. However, learned counsel for the State opposes the prayer for anticipatory bail.
6 Regard being had to the nature of offence, the sentence prescribed for the alleged offence, it is expected that the Arresting Officer/Investigating Agency shall scrupulously and meticulously follow the guidelines and terms of the judgment of the Hon’ble Supreme Court in Arnesh Kumar vrs. State of Bihar p. 3 and another reported in (2014) 8 SCC 273 and Satender Kumar Antil vrs. CBI reported in (2021) 10 SCC 773 as well as Pramod Kumar Ray vrs. State of Orissa reported in (2017) 67 OCR 309.
7. With this observation, the ABLAPL is disposed of.
(S.S. Mishra)
Judge
Swarna