P. Antiya @ P Debendra Patro Vs State of Odisha — Orissa HC (2025) — LawSathi Research

P. Antiya @ P Debendra Patro Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest bail declined; ABLAPL disposed of with liberty to the Petitioners to surrender before the learned J.M.F.C. (R), Berhampur within one month, and time-bound same-day consideration of their regular bail applications (first hour before the J.M.F.C., and upon rejection, second hour before the higher forum).

Issue for consideration

Whether the Petitioners are entitled to pre-arrest bail (anticipatory bail) in connection with G.R Case No.772 of 2024 (arising out of Golanthara P.S. Case No.233 of 2024) for offences punishable under Sections 341/323/325/307/354/354-B/34 IPC.

Ratio / Principle

Having regard to the nature of allegation, the Court declined to entertain the prayer for pre-arrest bail.

Key takeaways

On a conspectus of materials on record, the ABLAPL was disposed of with the observation that the Petitioners may surrender before the learned J.M.F.C. (R), Berhampur in connection with the aforementioned case within one month.ratio¶15
Upon surrender and motion for bail, the learned J.M.F.C. (R), Berhampur shall consider the bail application on merits in accordance with law in the first hour of the day; if the prayer is rejected, the Petitioners are at liberty to move the higher forum in the second hour on the same day.ratio¶18

Detailed headnote1 paragraphs

Anticipatory Bail - Pre-arrest bail sought under Sections 341/323/325/307/354/354-B/34 IPC in G.R Case No.772 of 2024 (arising out of Golanthara P.S. Case No.233 of 2024) pending before learned J.M.F.C. (R), Berhampur - Considering the nature of allegation, the High Court declined to entertain the prayer for pre-arrest bail and disposed of the ABLAPL with the observation that the Petitioners may surrender before the learned J.M.F.C. (R), Berhampur within one month - Upon surrender and motion, bail application to be considered on merits in accordance with law in the first hour of the day; if rejected, Petitioners at liberty to approach the higher forum in the second hour the same day, which shall dispose of the application on the same day on merit, with case diary to be made available and case record to be transmitted - Ground of parity, if any, left to the court below.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1237 of 2025

P. Antiya @ P. Debendra Patro & …. Petitioners another

Mr. D.K. Mohanty, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. S.P. Das, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

10.04.2025

Order No.

1. 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.772 of 2024 pending in the Court of learned J.M.F.C. (R), Berhampur, arising out of Golanthara P.S. Case No.233 of 2024 for commission of offences punishable under Sections 341/323/325/307/354/354-B/34 IPC.

Considering the nature of allegation this Court is not inclined to entertain the prayer for pre-arrest bail. However, on a conspectus of materials on record, ABLAPL is disposed of with the observation that the Petitioners may surrender before the learned

Page 1 of 2

J.M.F.C. (R), Berhampur in connection with the aforementioned case within one month from today.

In the event of their surrender and motion for bail, the application for bail shall be considered by the learned J.M.F.C. (R), Berhampur 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 J.M.F.C. (R), Berhampur, 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 shall dispose of the bail application of the Petitioners 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 Petitioners and learned J.M.F.C. (R), Berhampur is called upon to transmit the case record to the higher forum at the earliest in the second hour in the event of rejection of the bail application by him.

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

Accordingly, the ABLAPL stands disposed of.

Signature Not Verified

Digitally Signed PKS Signed by: PRADEEP KUMAR SWAIN Reason: Authentication Location: Orissa High Court, Cutt ack Date: 15-Apr-2025 18:57:58

Page 2 of 2