p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2671 of 2026 (1) Prakash Jena (2) Prafulla Jena (3) Kalia Jena (4) Achyuta Parida …. Petitioner(s) Mr. Surya Narayan Mishra, Advocate -versus- State of Odisha …. Opposite Party(s) Ms. Suvalaxmi Devi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 22.04.2026 01. 1. Heard. 2. The petitioners are seeking pre-arrest bail in connection with Brahmagiri P.S. Case No.43 of 2009 corresponding to G.R. Case No.275 of 2009 for the offences under Sections 341/323/324/307/34 of I.P.C. read with Section 25/27 of the Arms Act pending in the Court of the learned Nayadhikari Grama Nayalaya, Brahmagiri. 3. Learned counsel for the petitioners, on instruction from the petitioners, submits that, except the present bail application, no other bail application of p. 2 the petitioners are pending in any other Court relating to the aforesaid F.I.R. 4. The prosecution case, in brief, is that the informant lodged a written report stating that on 27.02.2009 at about 9:00 A.M., one Rama Chandra Jena was standing near a motor boat when the present petitioners arrived on three motorcycles and allegedly assaulted him with a sword and a firearm. It is alleged that he sustained a cut injury on his hand and was further assaulted, as a result of which he lost consciousness and fell into the water. On hearing his cries, local villagers rushed to the spot, rescued him, and subsequently shifted him to Brahmagiri Hospital for treatment. Hence, this case. 5. The petitioners have approached this Court in the F.I.R. seeking anticipatory bail in the F.I.R., which was registered on 28.02.2009 for the offence under Section 341/323/324/307/34 of I.P.C. read with Section 25/27 of the Arms Act. After investigation, charge-sheet has been filed in this case on 11.03.2011 showing the petitioners as absconders. p. 3 6. Learned counsel for the petitioners submits that the petitioner Nos.1, 2 and 4 are the senior citizens and they are more than 70 years of age whereas the petitioner No.3 is aged about 54 years of age. He further submits that pursuant to the charge-sheet filed by the Investigating Agency, the learned Nyayadhikari Gramnyayalaya, Brahmagiri vide order dated 22.03.2011 in G.R. GN Case No.275 of 2009 issued NBW against the petitioners. Therefore, they are apprehending arrest. 7. Although I am not inclined to entertain the anticipatory bail application in view of the fact that the petitioners have been successfully avoiding arrest and not cooperated with the investigation, however, regard being had to the age of the petitioners, liberty is granted to the petitioners to surrender before the learned trial Court on or before 15th May, 2026 and move application for regular bail. If such application is filed, it is expected that the learned Courts below shall decide the bail application on the same day keeping in view the age of the petitioners and also taking into p. 4 consideration the judgment of the Hon’ble Supreme Court in Arnesh Kumar vrs. State of Bihar and another reported in (2014) 8 SCC 273 and Satender Kumar Antil vrs. CBI reported in (2021) 10 SCC 773 as well as Pramod Kumar Ray vrs. State of Orissa reported in (2017) 67 OCR 309. 8. With this observation, the ABLAPL is disposed of. (S.S. Mishra) Judge Swarna