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2026 DAILYLAW 9346 (ORI)

AJIT BEHERA @ AVIMUNU BEHERA @ ABHIRAM BEHERA v. STATE OF ODISHA

ABLAPL/1094/2026 · 2026-02-23

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1094 of 2026 Ajit Behera @ Avimunu Behea @ Abhiram Behera …. Petitioner Mr. M.K. Rath, 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 respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Balanga P.S. Case No.08 of 2026 corresponding to G.R. Case No.25 of 2026 pending in the file of learned J.M.F.C., Nimapara on the grounds stated therein. 3. Perused the FIR as at Annexure-1. The name of the petitioner is mentioned in the report. It is claimed that the stolen water pump seized and recovered from the co-accused has been recovered by the local police. 4. Recorded the objection of the State. 5. It is claimed that the petitioner is not having any similar other antecedent. Despite the seizure of the water pump removed from the spot house, since the name of the petitioner revealed in the FIR at Annexure-1, this Court is not inclined to consider his pre-arrest bail but is, however, of the view that he should be directed to surrender before the learned court below seeking regular bail pleading parity. 6. Accordingly, it is ordered. 7. In the result, ABLAPL is disposed of. It is further directed that in the event, the petitioner surrenders within a period of fifteen days from today before the learned J.M.F.C., Nimapara in connection with Balanga P.S. Case No.08 of 2026 corresponding to G.R. Case No.25 of 2026 and moves an application for regular bail, it shall be duly considered in the first hour and in case of rejection, he shall approach the Sessions Court during the second hour for orders on the same day pleading release claiming parity and for the said purpose, case record shall be made available. 8. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok