Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.2452 of 2026
Santh @ Santosh @ Deepak Pradan @ Santosh Pradhan
…. Petitioner Mr. J. Sahoo, Advocate -Versus- State of Odisha …. Opposite Party
Mr. S.K. Das, ASC Mr. A. Pattanaik, Advocate (Informant)
ABLAPL No.2785 of 2026
Gouranga Samantaray and another …. Petitioners Mr. J. Sahoo, Advocate
-Versus-
State of Odisha …. Opposite Party
Mr. S.K. Das, ASC Mr. A. Pattanaik, Advocate (Informant)
And
ABLAPL No.3125 of 2026
Kanha Samantaray and another …. Petitioners
Mr. J. Sahoo, Advocate
-Versus-
State of Odisha …. Opposite Party
Mr. S.D. Das, ASC Mr. A. Pattanaik, Advocate (Informant) p. 2 CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 22.04.2026
01. 1. All the ABLAPLs are disposed of by the following common order. 2. Heard learned counsels for the petitioners and learned ASC for the State. 3. Instant petitions under Section 482 BNSS are filed for pre-arrest bail of the petitioners in connection with Banpur P.S. Case No.48 of 2026 corresponding to G.R. Case No.78 of 2026 pending in the file of learned J.M.F.C., Banpur on the grounds stated therein. 4. Perused the FIR as at Annexure-1. Mr. Sahoo, learned counsel for the petitioners submits that the alleged occurrence took place during a marriage procession. It is claimed that the injury received by the victim is simple in nature. In far as assault and injury received by one Sangram Samantaray is concerned, there is laceration wound stated to be grievous in nature. For such injury on account of the mischief committed by the accused persons using a beer bottle and considering the circumstances under which the overt acts committed, it is submitted that the petitioners should be allowed to go on bail with conditions. 5. Mr. Pattanaik, learned counsel for the informant seriously objected to the plea of pre-arrest bail on the ground p. 3 that the injured received laceration and the same is grievous in nature caused by a sharp weapon with other injuries sustained. 6. Recorded the objection of the State. 7. A copy of the medical examination report of the injured is produced and on perusal of the same, this Court finds that one of the laceration injuries is grievous besides two abrasions. It is claimed that one of the accused persons is already on bail after being arrested. Having regard to the allegations in the FIR and that the accused persons, namely, Gadadhar @ Satrughan Samantray and Kanha Samantaray are the assailants, who said to have assaulted the victim by means of a beer bottle, this Court is not inclined to entertain their bail plea, however, is of the view that both should be granted the liberty to surrender before the learned court below seeking regular bail.
But, in so far as other accused persons are concerned, since no specific allegations have been made against them regarding grievous injury having been caused or any other injury to the injured at their instance and recording the claim that there is no similar antecedent against them, this Court is inclined to direct them to surrender instead before the learned court below for being released with stringent conditions though a case of pre-arrest bail is not made out, as has been demanded. 8. Accordingly, it is ordered. 9. In the result, the ABLAPLs stand disposed of with the direction as aforesaid. Consequently, the bail plea of petitioner No.2 in ABLAPL No.2785 of 2026 and the accused, namely, Kanha Samantaray in ABLAPL No.3125 of 2026, namely, p. 4 petitioner No.1 therein is hereby rejected with the liberty granted to them to surrender before the learned court below seeking regular bail. However, this Court directs that the other petitioners are allowed to surrender before the learned court below. In the event, the said petitioners surrender before the court of learned J.M.F.C., Banpur within a fortnight from today, it is directed that they shall be released on bail in connection with Banpur P.S. Case No.48 of 2026 corresponding to G.R. Case No.78 of 2026 subject to them furnishing a bail bond of Rs.30,000/- (Rupees thirty thousand) each with one solvent surety for the like amount each 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. 10. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok