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2026 DAILYLAW 9570 (ORI)

TAHAR KHAN v. STATE OF ODISHA

ABLAPL/389/2026 · 2026-02-17

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 389 of 2026 Tahar Khan …. Petitioner Mr. R. Achary, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. K. Lenka, ASC Mr. S. K. Mishra, Advocate CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 17.02.2026 02. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with G.R. Case No.11 of 2026 pending in the file of learned J.M.F.C, Konark, Puri arising out of GOP PS Case No. 02 of 2026 on the grounds stated. 3. Perused the FIR as at Annexure-1. Learned counsel for the petitioner submits that the petitioner did not commit any excess, rather, the informant victim jumped from a height and received injuries in response to the submission of learned counsel for the informant, who produced the medical papers including the original Discharge Summery. Recorded the objection of learned counsel for the State. Considering the materials on record and the manner in which the alleged p. 2 incident took place, as a result of which, the informant received injuries clearly made to reveal from the medical papers produced today, this Court is of the view that no case for a pre- arrest is made out, however, the petitioner is at liberty to surrender before the learned court below seeking regular bail. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, petitioner surrenders within a fortnight from today and moves an application for regular bail, it shall be considered by learned J.M.F.C, Konark, Puri in G.R. Case No.11 of 2026 during the first hour and in the event of rejection, he shall approach the learned Sessions Court for orders on the same day during second hours itself. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer