Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.1372 of 2026
Hitesh Kumar & another …. Petitioners Mr. A. K. Sahoo, Advocate
-Versus-
State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC Mr. A.K. Budhia, Advocate for the informant
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 23.04.2026
02.
1. Heard learned counsel for the respective parties.
2. Instant petition has been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Khariar P.S. Case No.22 of 2026 corresponding to C.T. Case No.22 of 2026 pending in the court of learned J.M.F.C., Khariar on the grounds stated.
3. Gone through the FIR as at Annexure-1. This Court by
order dated 10th March, 2026 had directed the State to submit up-to-date case diary with antecedents of the petitioners followed by a direction to take instructions regarding the role played by petitioner No.2. It is submitted to the Court by
learned counsel for the State that the informant received burn injuries but he does not have the medical examination report at present and on such ground, he requests for adjournment. In the meantime, the informant filed an affidavit, which is at Flag-P. It is claimed by the informant that there has been a compromise between him and the petitioners, hence, he is not inclined to p. 2 prosecute them any further as there has been restoration of their cordial relationship. Recorded the submission of learned counsel for the informant with reference to the affidavit as at Flag-P. It is claimed that the petitioners are not involved in the alleged incident even on a reading of the FIR as two unknown persons committed the alleged mischief. The FIR reveals that the alleged incident took place at a Railway Station of Srikakullam town in the State of Andhra Pradesh. The informant alleged that he was not being looked after by petitioner No.1 nor his medical expenses were borne by him. As such there is no any allegation against the petitioners regarding their involvement in the alleged mischief. In so far as petitioner No.2 is concerned, he happens to be the owner of the brick kiln and there is no any material against him as well Considering the above facts and materials on record and
submissions of learned counsel for the respective parties and the affidavit of the informant at Flag-A, in absence of any such incriminating materials to show their involvement and excess committed as it was by two unknown culprits, this Court is inclined to allow their plea for pre-arrest bail..
4. Accordingly, it is ordered.
5. In the result, the ABLAPL petition stands disposed of. In the event the petitioners are arrested in connection with Khariar P.S. Case No.22 of 2026 corresponding to C.T. Case No.22 of 2026 pending in the file of learned J.M.F.C., Khariar, they shall be released on bail by the Arresting Officer on furnishing a bail bond of Rs.25,000/- (rupees twenty-five thousand) each with one solvent surety for the like amount each p. 3 with a condition that both shall cooperate the I.O. in the investigation if the same is pending as on date.
6. Issue urgent certified copy of this order as per rules.
(R.K. Pattanaik)
Judge Balaram Designation: PERSONAL ASSISTANT