Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.3657 of 2026
Sambit Kumar Rout …. Petitioner(s)
Mr. L. Achari, Advocate -versus- State of Odisha …. Opposite Party(s)
Mr. Jateswar Naik, AGA Mr. Rabi Narayan Panda, Advocate (for informant)
CORAM: JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER 27.04.2026
02.
1. Heard.
2. The petitioner is seeking pre-arrest bail in connection with BhandariPokhari P.S. Case No.34 of 2026 corresponding to G.R. Case No.33 of 2026 registered on the allegation of the offences under Sections109(1)/126(2)/132/140(1)/296/3(5)/309(6)/3 24(4)/61(2) of B.N.S., 2023 pending in the Court of the learned J.M.F.C., Cog-2, Bhadrak.
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.
4. The prosecution case, in brief, is that the informant, who is working as a Home Guard at Bhandari Pokhari Police Station, lodged a written
report alleging that on 21.01.2026, pursuant to a command certificate issued by his higher authority, he was on duty at Manjuri Road at about 1:00 p.m. During such duty, a finance vehicle along with its staff present at the spot. It is alleged that, without any provocation, the petitioner along with his brothers assaulted the informant, caused damage to the bank/finance vehicle, and abused the Home Guard. It is further alleged that the petitioner specifically assaulted the informant repeatedly. Hence, the FIR.
5.
Learned counsel for the informant submits that due to the grievous injury sustained in the eye, the informant/injured has lost his eyesight. Hence, he opposes the prayer for bail.
6.
Learned counsel for the State has also drawn the attention of this Court to the injury report, which indicates that injuries are grievous in nature.
7. Regard being had to the aforementioned, I am not inclined to entertain this anticipatory bail application.
8.
Learned counsel for the petitioner submits that in the meanwhile the co-accused persons have already been admitted to regular bail. Therefore, the petitioner would prefer to surrender and move regular bail application before the learned trial Courts.
9. It is open for the petitioner to surrender before the learned Courts below and move application for regular bail. If the petitioner surrenders and move
application for bail, it is expected that the learned Courts below shall decide the bail application on the same day on its own merit. It is also open for the petitioner to urge in his bail plea the aforementioned all the grounds before the Courts below including the ground of parity.
(S.S. Mishra)
Judge
Swarna