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2026 DAILYLAW 7376 (ORI)

ABINASH BEHERA v. STATE OF ODISHA

ABLAPL/3920/2026 · 2026-04-27

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3203 of 2026 Sonu Sahu …. Petitioner Mr. J. Sahoo, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC ABLAPL No.3479 of 2026 Kamal Kumar Hati …. Petitioner Mr. Siddharth Goutam Das, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC ABLAPL No.3920 of 2026 Abinash Behera …. Petitioner Mr. Sanjay Kumar Pradhan, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC A N D ABLAPL No.4262 of 2026 Ariyan Hati …. Petitioner Mr. Ramesh Chandra Pradhan, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC p. 2 CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 27.04.2026 01. 1. All the ABLAPLs are taken up together for disposal by the following common order. 2. Heard learned counsel for the respective parties. 3. Instant petitions have been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Bada Bazar P.S Case No.541 of 2025 corresponding to G.R. Case No.3006 of 2025 pending in the court of learned S.D.J.M., Berhampur, Ganjam on the grounds stated. 4. Recorded the submissions of learned counsel for the respective parties and State. Gone through the FIR as at Annexure-1. Mr. Pradhan, learned counsel for the petitioner in ABLAPL No. 3920 of 2026 refers to Annexure-2 therein and submits that a counter FIR has been lodged from the side of the informant since the other report by them is dated 26th October, 2025. The further submission is that the petitioner is not responsible in the assault, which is against other accused persons named. The claim is that the petitioner does not have any antecedent either. Similar submission is made by learned counsel for the other accused persons with the claim that none of them is having no antecedents. 5. The case diary is submitted to the Court by learned counsel for the State and the same is gone through. The medical examination report of the informant is also made available and p. 3 it shows a grievous injury, such as, a fracture of right clavicle was received by him. From the FIR, the Court finds that such assault was carried out by means of a sword and as a result of the assault, the victim sustained a fracture injury found to be correct considering the medical examination report. In view of the allegations in the FIR and involvement of all the accused persons named therein, the informant having received a grievous injury, the Court is not inclined to entertain plea of pre-arrest bail, however, allows liberty for them to surrender before the learned court below seeking regular bail and in case of rejection to approach the Sessions Court. 6. Accordingly, it is ordered. 7. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is further directed that in the event, the petitioners surrender within a fortnight from today and move applications for bail in connection with G.R. Case No.3006 of 2025 arising out of Bada Bazar P.S Case No.541 of 2025 pending in the Court of learned S.D.J.M., Berhampur, Ganjam, it is directed that the same shall be entertained during the first hour followed by an order and in the event of rejection, they are granted the liberty to approach the Sessions Court for orders during the second hour and for the said purpose, the lower court case record and other relevant papers shall be made available at the time of hearing. 8. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT