Padmalava Mahanta v. State of Odisha
Case brief
What is this about?
Odisha High Court anticipatory bail disposal order; ABLAPL No.9424 of 2024; decided 02.09.2024 by Justice Aditya Kumar Mohapatra. Petitioner Padmalava Mahanta (counsel Susil Kumar Pattnaik) sought bail under Section 482 B.N.S.S. for offences under Sections 127(1), 296, 351(2) BNS in G.R. Case No.515 of 2024, S.D.J.M. Champua, from Champua P.S. Case No.220/2024; State represented by A.P. Das, ASC. Court relied on Supreme Court precedent Satender Kumar Antil v. CBI, 2022 LiveLaw (SC) 577, and directed the Arresting Officer to first explore Sections 35(3)(4)(5) B.N.S.S. procedure (equivalent to Section 41-A Cr.P.C.) where applicable; application disposed of without grant or refusal of bail. Keywords: anticipatory bail, arrest procedure, 41-A CrPC equivalent, BNSS Section 482, Champua, Keonjhar region police case.
What did the court decide?
Disposing of the anticipatory bail application, the Court directs the Arresting Officer to first explore the possibility of applying the principles of Sections 35(3)(4)(5) of B.N.S.S. (stated as equivalent to Section 41-A of Cr.P.C.), as directed by the Supreme Court in Satender Kumar Antil, in the event the same is applicable to the facts of the petitioner's case.