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2085 DAILYLAW 2 (ORI)

PATITA @ PATITAPABAN BARIK v. STATE OF ODISHA

ABLAPL/2085/2026 · 2026-04-21

R K Pattanaik

body2085

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2085 of 2026 Patita @ Patitapaban Barik …. Petitioner Mr. M.K. Chand, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 21.04.2026 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 Jankia P.S. Case No.403 of 2022 corresponding to G.R. Case No.9 of 2022 pending in the file of learned J.M.F.C.(Cog.), Khurda on the grounds stated. 3. Perused the FIR as at Annexure-1. The petitioner had earlier approached this Court in the year 2023 and was allowed to go on bail with conditions but it has not been availed of in view of the antecedent against him. Mr. Chand, learned counsel for the petitioner produced a copy of the order in ABLAPL No.1591 of 2026 dated 19th March, 2026 to submit that in another case, he has been granted bail. It is informed to the Court that the petitioner is having five criminal cases including the present one. Recorded the objection of the State. From the FIR, the Court finds that the petitioner was engaged for cutting of the laterite stones. Mr. Chand, learned counsel would submit that the stones have not been lifted out of the quarry. Considering the above facts and submissions of learned counsel for the respective parties, this Court in view of the order in ABLAPL No.1591 of 2026 and the earlier order in the ABLAPL at Flag-A having not be availed of due to antecedents though not in favour of granting him pre-arrest bail but is of the view that he should be released with suitable conditions upon his surrender before the learned court below with following conditions besides deposit of Rs.3,000/- by him towards cash surety to be kept in a fixed deposit by the orders of the learned court below. 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 before the court of learned J.M.F.C.(Cog.), Khurda in connection with Jankia P.S. Case No.403 of 2022 corresponding to G.R. Case No.9 of 2022 within four weeks from today, he shall be released on bail upon furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) with one solvent surety for the like amount with such other conditions imposed besides the deposit as has been directed hereinabove. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU Designation: Sr. Stenographer