RAJESH JENA @ RAJESH KUMAR JENA v. STATE OF ODISHA
ABLAPL/551/2026 · 2026-02-12
R K Pattanaik
body2026
DailyLaw.ai
[ 2026 DAILYLAW 770 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 770 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.551 of 2026
Rajesh Jena @ Rajesh Kumar Jena …. Petitioner
Mr. S.K. Bhanjadeo, Advocate
-Versus- State of Odisha …. Opposite Party
Mr. M.K. Mohanty, ASC
AND ABLAPL No.1213 of 2026
Chandan Biswal @ Chandra Sekhar Biswal …. Petitioner
Mr. S.K. Bhanjadeo, Advocate
-Versus- State of Odisha …. Opposite Party
Mr. M.K. Mohanty, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 12.02.2026
01.
1. All the ABLAPLs are disposed of by the following common order.
2. Heard learned counsels for the petitioners and State.
3. Instant petitions have been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Jodapadar P.S. Case No.195 of 2025 corresponding to G.R. Case No.459 of 2025 pending in the court of learned J.M.F.C., Kanas on the grounds stated.
4. Perused the FIR as at Annexure-1. Learned counsel for the petitioners submits that there was an incident prior to the one reported at the local PS as per Annexure-1 but, in course of the alleged incident, even though, it is claimed that the brother of the informant was assaulted but he has been discharged after treatment. Learned counsel for the State produced the medical examination reports of the informant and the other victim, who is his brother and on perusal of the same, it appears that both of them received simple injuries. Of course, from the injury report in respect to the victim brother, it is made to understand that he was referred to the DHH, Puri for further treatment. It is reiterated by the learned counsel for the petitioners that the said injured was treated and discharged. It is also claimed that the petitioner in ABLAPL No.551 of 2026 is having no antecedent, but the other accused is involved in couple of criminal cases in respect of the incidents that happened at the village level. Considering the above facts and submissions of the learned counsel for the respective parties and having gone through the case diary and statements of the witnesses recorded under Section 180, BNSS and even though it alleged that the assault was by means of Thenga and a wooden stick but the injury report is revealing without any such grievous injury received at least in respect of the informant, this Court is of the view that both them though not entitled to pre-arrest bail but should be
directed to surrender before the court below for being released with stringent conditions imposed.
5. Accordingly, it is ordered.
6. In the result, all the ABLAPLs are disposed of with the direction as aforesaid. It is further directed that in the event, the petitioners surrender before the learned J.M.F.C., Kanas in connection with Jodapadar P.S. Case No.195 of 2025 corresponding to G.R. Case No.459 of 2025 within a fortnight from today, they shall be released on bail upon furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) each with one solvent surety for the like amount with other conditions imposed besides the following, such as, they shall not pick up any quarrel and cause any injury to the informant and his brother and to furnish an undertaking at the local PS in that regard and shall attend the PS at least once in a fortnight for the purpose of investigation. It is further directed that the above
order shall be given effect to only if, after enquiry by the learned court below, it is revealed that the brother of the informant has not received any grievous injury as a result of the alleged assault.
7. Issue urgent certified copy of this order as per rules.
(R.K. Pattanaik) Judge
M.K.Rout