Bibhuti Behera Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Bibhuti Behera Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest bail neither granted nor refused at this stage; Petitioner permitted to surrender before the learned S.D.J.M., Dhenkanal within one month, with directions that his bail application be considered on merits in the first hour of the day and, if rejected, be entertained by the higher forum in the second hour and disposed of on the same day.

Issue for consideration

Whether the Petitioner is entitled to pre-arrest (anticipatory) bail in connection with G.R. Case No.11 of 2025, arising out of Dhenkanal Sadar P.S. Case No.08 of 2025, for offences punishable under Sections 109(1)/115(2)/190/191(2)/191(3)/296/303(2)/324(1)/333/74 of BNS.

Court's answer

On a conspectus of materials on record, the anticipatory bail application is disposed of with the observation that the Petitioner may surrender before the learned S.D.J.M., Dhenkanal in connection with the aforementioned case within one month.

Ratio / Principle

In the event of surrender and motion for bail, the application for bail shall be considered by the learned S.D.J.M., Dhenkanal on merits in accordance with law in the first hour of the day.

Key takeaways

In the event of rejection of the prayer for bail by the learned S.D.J.M., Dhenkanal, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.ratio¶19
On being so moved, the higher forum shall dispose of the bail application of the Petitioner on the same day on merit in accordance with law; the case diary is to be made available to the concerned courts, and the learned S.D.J.M., Dhenkanal is to transmit the case record to the higher forum in the second hour in the event of rejection of the bail application.ratio¶20

Detailed headnote1 paragraphs

Anticipatory Bail - Disposal with directions: Petitioner sought pre-arrest bail in G.R. Case No.11 of 2025 (arising out of Dhenkanal Sadar P.S. Case No.08 of 2025) for offences punishable under Sections 109(1)/115(2)/190/191(2)/191(3)/296/303(2)/324(1)/333/74 of BNS. The High Court disposed of the ABLAPL observing that the Petitioner may surrender before the learned S.D.J.M., Dhenkanal within one month; on surrender and motion, the bail application is to be considered on merits in the first hour of the day; if rejected, the Petitioner may move the higher forum in the second hour on the same day, which shall dispose of the application the same day on merit, with the case diary to be made available and the case record transmitted; ground of parity, if canvassed, may be considered by the court below.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 1109 of 2025

Bibhuti Behera

Petitioner

Mr. R.R. Sahoo, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. S. Panigrahi, ASC

CORAM: JUSTICE V. NARASINGH ORDER

21.03.2025

Order No.

03. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.11 of 2025 pending on the file of learned S.D.J.M., Dhenkanal, arising out of Dhenkanal Sadar P.S. Case No.08 of 2025 for commission of offences punishable under Sections 109(1)/ 115(2)/ 190/ 191(2)/ 191(3)/ 296/ 303(2)/ 324(1)/333/74 of BNS.

On a conspectus of materials on record, ABLAPL is disposed of with the observation that the Petitioner may surrender before the learned S.D.J.M., Dhenkanal in connection with the aforementioned case within one month from today.

In the event of his surrender and motion for bail, the application for bail shall be considered by the

Page 1 of 2

learned S.D.J.M., Dhenkanal on merits in accordance with law in the first hour of the day.

In the event of rejection of the prayer for bail by the learned S.D.J.M., Dhenkanal, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.

On being so moved, the higher forum shall dispose of the bail application of the Petitioner on the same day on merit in accordance with law. In that event, the case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned S.D.J.M., Dhenkanal is called upon to transmit the case record to the higher forum in the second hour in the event of rejection of such bail application.

Ground of parity, if any, may be considered by the learned court below if the same is canvassed by the learned counsel for the Petitioner at the time of consideration of the bail application.

Accordingly, the ABLAPL stands disposed of.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge

Signature Not VerifiedAyesha

Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 22-Mar-2025 12:17:49

Page 2 of 2