IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2054 of 2026 Piru @ Pira Prasad Mohanty …. Petitioner Mrs. S. Jena, Sr. Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 08.05.2026 02. 1. Heard learned counsel for the respective parties. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Athagarh P.S. Case No.43 of 2023 corresponding to C.T. Case No.79 of 2023 pending in the court of learned Additional Sessions Judge, Athagarh on the grounds stated. 3. Perused the F.I.R. as at Annexure-1. Recorded the submission of Mrs. Jena, learned Senior Advocate appearing for the petitioner and Mr. Mohanty, learned ASC for the State. It is submitted to the Court by Mrs. Jena, learned Senior Advocate that though the petitioner was found present at the spot but he is not responsible for the gunshot fire, which is at the instance of the another accused named in the FIR. The further submission is that the petitioner does not have any other antecedent and since there is no incriminating material received during trial in respect of the co-accused, he is entitled to go on bail with any conditions but Mr. Mohanty, learned ASC for the State submits that there is evidence to show that all the accused persons participated in the alleged assault, hence, the petitioner’s bail plea is not to be entertained. Gone through the FIR, wherein, the details of the alleged incident stand narrated. The manner in which the deceased was assaulted and also others have been described in the report. Considering the fact that there was gunshot injury causing the death of the deceased and the allegations in the FIR that the accused persons to be responsible, this Court is not to entertain the bail plea of the petitioner on any such ground, however, considering the submission of Mrs. Jena, learned Senior Advocate appearing for him is of the view that he should surrender before the learned court below and to take all such pleas as advanced at present for orders according to law. 4. Consequently, the ABLAPL is disposed of granting the liberty to the petitioner to surrender before the court of learned Additional Sessions Judge, Athagarh in connection with C.T. Case No.79 of 2023 within three weeks from today and in the event of its compliance and application seeking regular bail moved, it shall be entertained and disposed of considering the plea raised, while demanding release followed by an order on merit and according to law. 5. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT