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2026 DAILYLAW 7955 (ORI)

NILAMADHAB MISHRA v. STATE OF ODISHA

ABLAPL/3932/2026 · 2026-04-29

Sibo Sankar Mishra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3932 of 2026 Nilamadab Mishra …. Petitioner(s) Mr. Lingaraj Sarangi, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. Debaraj Mohanty, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 29.04.2026 01. 1. Heard. 2. Learned counsel for the petitioner, at the outset, submits that although, no F.I.R. or complaint has yet been registered against the petitioner, however, he apprehends arrest because one of the cheques issued by the petitioner has been dishonoured for which the proceeding under Section 138 of the N.I. Act has been initiated and the complainant has been threatening the petitioner to implicate him in some other case. Therefore, the petitioner has approached this Court for anticipatory bail by filing the present anticipatory bail application. p. 2 3. Learned counsel for the petitioner, on instruction from the petitioner, submits that except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 4. Learned counsel for the petitioner submits that although no F.I.R. has yet been registered against the petitioner, but the petitioner apprehends arrest and has approached this Court seeking anticipatory bail. 5. Learned counsel for the State, on the other hand, submits that since no F.I.R. has been registered and the dispute appears to be arising out of a complaint case under Section 138 of the N.I. Act, the bail application for anticipatory bail is premature. 6. Be that as it may, in the event an F.I.R. is registered and the petitioner is arrayed as an accused, before taking any coercive action, the police shall issue 30 days’ prior written notice to the petitioner. 7. With the aforementioned observation, the ABLAPL is disposed of. (S.S. Mishra) Subhasis Judge Designation: Personal Assistant Location: High Court of Orissa, Cuttack.