Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 758 (ORI)

UPENDRA PANDA v. STATE OF ODISHA

ABLAPL/1419/2026 · 2026-03-12

R K Pattanaik

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1419 of 2026 Upendra Panda …. Petitioner Mr. M. K. Panda, Advocate -Versus- State of Odisha …. Opposite Party Mrs. Siva Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 12.03.2026 01. 1. Heard learned counsels for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Baranga P.S. Case No.42 of 2026 corresponding to G.R. Case No.105 of 2026 pending in the file of learned J.M.F.C.-II, Cuttack on the grounds stated therein. 3. Perused the F.I.R. as at Annexure-1. The alleged incident has been narrated therein during which one of the accused persons named assaulted the injured, namely, Rajesh Chandra Panda by means of a knife. The report further reveals that the victim received stab injury, as a result and was admitted at the SCB Medical College and Hospital for treatment. Learned counsel for the petitioner submits that the name of the present accused is not mentioned in the F.I.R. and not responsible for the assault. According to the report, 7 to 8 p. 2 unknown persons arrived at the spot, abused the informant and the victim and thereafter, the excess was committed causing stab injury to the latter by the named accused. It is informed to the Court that the petitioner is having no criminal antecedent, but in view of the alleged incident, he apprehends arrest in the hands of the local police. Recorded the objection of the State. As the alleged incident turned violent and it was one Jagan, who inflicted a stab blow to the victim in course of the events, as the petitioner is found not responsible for the assault and claimed to be a first-time offender having no previous antecedent, this Court, instead of accepting his plea for pre- arrest bail, is of the view that he should be directed to surrender before the learned court below for being released with suitable conditions. 4. Accordingly, it is ordered. 5. In the result, ABLAPL stands disposed of with the direction as aforesaid. It is further directed that upon surrender before the court of learned J.M.F.C.-II, Cuttack within a fortnight from today, the petitioner shall be released on bail in connection with Baranga P.S. Case No.42 of 2026 corresponding to G.R. Case No.105 of 2026 subject to him furnishing a bail bond of Rs.30,000/- (Rupees thirty thousand) with one solvent surety for the like amount to the satisfaction of the learned court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case. It is also directed that the p. 3 above order shall not be given effect if the petitioner is having any such similar antecedent with an enquiry made in that regard with the assistance of the local PS. 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Sumitra