Tusar Barik Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Tusar Barik Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest bail declined; Petitioners permitted to surrender before learned SDJM, Khurda within one month, with the bail application thereafter to be considered on merits in the first hour of the day and, upon rejection, liberty to move the higher forum in the second hour on the same day; case diary to be made available and transmitted expeditiously; ground of parity, if any, for consideration by the court(s) below.

Issue for consideration

Whether the Petitioners are entitled to pre-arrest bail in connection with G.R. Case No.826 of 2025 (arising out of Khurda P.S. Case No.377 of 2025) for offences punishable under Sections 331(4), 115(2), 118(1), 117(2), 74, 76, 296, 351(3), 3(5) of the BNS, 2023.

Court's answer

Taking into account the nature of allegations and the submission of learned counsel for the State, based on Case Diary recitals, that there are corresponding injuries though categorized as simple, the Court declined to entertain the application for pre-arrest bail.

Ratio / Principle

The Petitioners were directed that they may surrender before the learned SDJM, Khurda in connection with the aforementioned case within one month from the date of the order.

Key takeaways

Upon surrender and motion for bail, the learned SDJM, Khurda is to consider the bail application on merits in the first hour of the day.ratio¶26
In the event of rejection of the bail prayer by the learned SDJM, Khurda, the Petitioners are at liberty to move the higher forum for bail in the second hour on the same day.ratio¶27
On being so moved, the higher forum was requested to make an endeavor to dispose of the Petitioners' bail application on the same day.

Detailed headnote1 paragraphs

Anticipatory bail — ABLAPL No.10494 of 2025, High Court of Orissa at Cuttack (Justice V. Narasingh), order dated 11.12.2025: Eight Petitioners sought pre-arrest bail in connection with G.R. Case No.826 of 2025 (SDJM, Khurda), arising out of Khurda P.S. Case No.377 of 2025, for offences punishable under Sections 331(4), 115(2), 118(1), 117(2), 74, 76, 296, 351(3), 3(5) of the BNS, 2023. Considering the nature of allegations and, per Case Diary recitals urged by counsel for the State, corresponding injuries though categorized as simple, the Court was not inclined to entertain the pre-arrest bail application. The Petitioners were however permitted to surrender before the learned SDJM, Khurda within one month; on surrender and motion, bail is to be considered on merits in the first hour of the day; upon rejection, they may move the higher forum in the second hour the same day, which forum was requested to endeavour same-day disposal; the case diary is to be made available to the concerned courts and transmitted expeditiously; ground of parity, if any, was left to the court(s) below. The ABLAPL stands disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.10494 of 2025

1. Tusar Barik

… Petitioners

2. Sushanta Behera @ Raju

3. Ajay Behera

4. Bijay Behera

5. Sumant Pal

6. Swapneswar Behera

7. Kishore Ghadei

8. Sarojini Behera

Mr. A. Naik, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. C. R. Swain, AGA

CORAM: JUSTICE V. NARASINGH ORDER

Order

11.12.2025

No.

04.

Heard learned counsel for the Petitioners and learned counsel for the State.

The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.826 of 2025 pending on the file of learned SDJM, Khurda, arising out of Khurda P.S. Case No.377 of 2025 for commission of offences punishable under Sections 331(4), 115(2), 118(1), 117(2), 74, 76, 296, 351(3), 3(5) of the BNS, 2023.

Learned counsel for the State opposes the prayer for pre-arrest bail.

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Taking into account the nature of allegations and the submission of the learned counsel for the State on the basis of the recitals in the Case Diary that there are corresponding injuries though categorized as simple, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that the Petitioners may surrender before the learned SDJM, Khurda in connection with the aforementioned case within one month from today.

In the event of their surrender and motion for bail, the same be considered by the learned SDJM, Khurda on merits, in the first hour of the day.

In the event of rejection of the prayer for bail by the learned SDJM, Khurda, the Petitioners are at liberty to move the higher forum for bail in the second hour on the same day.

On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioners on the same day.

The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioners and learned SDJM, Khurda is called upon to transmit the case record to the higher forum in the second hour expeditiously in the event of rejection of the bail application by him.

Ground of parity, if any, may be considered by the learned court(s) below.

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Accordingly, the ABLAPL stands disposed of.

U.C.C. as per rules.

(V. NARASINGH) Judge

Jina

Signature Not Verified

Digitally Signed Signed by: JINA DIGAL Reason: Authentication Location: High Court of Orissa Date: 12-Dec-2025 17:21:53

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