Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 8944 (ORI)

NUKESH BAG v. STATE OF ODISHA

ABLAPL/1112/2026 · 2026-02-23

R K Pattanaik

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1112 of 2026 Nukesh Bag …. Petitioner Mr. D.P. Mishra, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 23.02.2026 01. 1. Heard learned counsel for the petitioner and State. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Thelkoli P.S. Case No.04 of 2026 corresponding to G.R. Case No.28 of 2026 pending in the court of learned S.D.J.M., Sambalpur on the grounds stated. 3. Perused the FIR as at Annexure-1. The Court finds that the accused persons committed the excess and assaulted the informant by means of a stone. It is revealed from Annexure-1 that the victim received head injury. Learned counsel for the petitioner submits that the injury caused to the informant is not grievous. Recorded the objection of the State, who submits that the injury has been received on a vital part of the body and therefore, the petitioner should not be granted pre-arrest bail as it has been demanded by him. Considering the above facts and submissions of learned counsel for the respective parties and the petitioner’s name finds a mention in the FIR (Annexure-1), the Court is not inclined to grant him pre-arrest bail but directs him to surrender before the learned court below seeking regular bail for being considered and disposed of with the plea that the victim has not received any serious injury as a result of the alleged assault. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is further directed that in the event, the petitioner surrenders within a fortnight from today before learned S.D.J.M., Sambalpur in connection with Thelkoli P.S. Case No.04 of 2026 corresponding to G.R. Case No.28 of 2026 and moves regular bail, it shall be duly considered and in case rejected during the first hour, he shall approach the learned Sessions Court during the second hour with the same plea for orders on the same day. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU Designation: Sr. Stenographer