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2026 DAILYLAW 98 (ORI)

BIJAYA SENAPATI v. STATE OF ODISHA

ABLAPL/1637/2026 · 2026-03-23

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.1637 of 2026 Bijaya Senapati & others …. Petitioners Mr. C. R. Satapathy, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 23.03.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioners in connection with Bidanasi P.S. Case No.07 of 2026 corresponding to G.R. Case No.19 of 2026 pending in the file of learned J.M.F.C. (Cog-III), Cuttack on the grounds stated therein. 3. Perused the FIR as at Annexure-1. It is claimed that no serious injury has been received by the informant and the allegations in the FIR are exaggerations. It is claimed that the parties are known to each other and for a petty incident, the alleged occurrence took place. The petitioners belong to one family and stated to be the neighbour of the informant. The details of the assault and the manner in which it was carried out by the petitioners have been narrated by the informant in the report. It is submitted to the Court that the informant has not received any knife injury. Considering the claim as above and the objection of the State and that the informant said to have not received any serious injury as a result of the assault and for the fact that the petitioners did the mischief after a quarrel and claimed to have no other similar antecedents, this Court is of the view that they should be directed to surrender before the learned court below for being released with suitable conditions imposed instead of entertaining their plea for pre-arrest bail as has been demanded. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of. It is directed that in the event, the petitioners surrender within a fortnight from today before the learned J.M.F.C. (Cog-III), Cuttack in connection with Bidanasi P.S. Case No.07 of 2026 corresponding to G.R. Case No.19 of 2026, they shall be released on bail subject to them furnishing a bail bond of Rs.25,000/- (Rupees twenty five 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. It is further directed that the above release of the petitioner shall be subject to verification and absence of any grievous injury received by the informant on account of assault. 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok