Allowed

Sushanta Kumar Behera v. State of Odisha

Orissa HC26 Apr 2022ABLAPL/2837/2022

Case brief

AI extract

What is this about?

The High Court of Orissa granted the petitioner an order for anticipatory bail in a case involving alleged offences of attempt to murder, public nuisance, criminal intimidation, and abetment arising from a dispute over pension. The court directed specific conditions of bail, including not influencing witnesses.

What did the court decide?

Anticipatory bail granted with a bond of Rs. 10,000 and two sureties, subject to conditions of interrogation and non-interference with witnesses.

Sushanta Kumar Behera Vs State of Odisha — Anticipatory Bail | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.2837 of 2022

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Sushanta Kumar Behera

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…. Petitioner

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Ms. Manasi Mohapatra, Advocate

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-versus-

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State of Odisha …. Opp. Party

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Mr. A.K. Beura,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
26.04.2022
01. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and
learned counsel for the State.

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Order No.

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This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Basudebpur P.S. Case No.45 of 2022 corresponding to G.R. Case No.95 of 2022 pending in the Court of learned J.M.F.C., Basudebpur for alleged commission of offences under sections 307/294/ 506/34 of the Indian Penal Code.

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Perused the F.I.R.

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Learned counsel for the petitioner submitted that the petitioner is the elder brother of the injured

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and there was dispute between them in connection with the pension amount of their deceased father. It is further submitted that one of the co-accused, namely, Sabita Nayak has already been released on bail by this Court in ABLAPL No.2742 of 2022 vide order dated 06.04.2022 and therefore, the anticipatory bail application of the petitioner may be favourably considered.

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Learned counsel for the State has produced the case diary and submitted that one Sumanta Kumar Behera is the injured in the case and he has sustained four injuries, which have been opined to be simple in nature.

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the background of the case and the nature of injuries sustained by the injured, I am inclined to release the petitioner on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, he shall be released on bail on furnishing bail bond of Rs.10,000/(rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that he shall make himself available for interrogation by the I.O. as and when required and he shall not, directly or indirectly, make

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any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Investigating Officer.

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Violation of any of the above conditions shall entail cancellation of bail.

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The ABLAPL is accordingly disposed of.

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Urgent certified copy of this order be granted on proper application.

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RKM

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( S.K. Sahoo)
Judge

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Sushanta Kumar Behera v. State of Odisha

Case brief

What is this about?

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Sushanta Kumar Behera v. State of Odisha

Case brief

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What did the court decide?

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