Narendra Behari @ Narendra Behari Das Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Narendra Behari @ Narendra Behari Das Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional bail protection: on surrendering within three weeks hence and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin (SDJM, Balasore) on such terms as deemed just and proper.

Issue for consideration

Whether the Petitioners may be protected by way of pre-arrest bail in connection with C.T. Case No.207 of 2025 (arising out of Sahadevkhunta P.S. Case No.103 of 2025), taking into account the nature of allegations, the filing of the charge sheet and the Petitioners' antecedents.

Court's answer

Considering the nature of allegations in the case at hand, the filing of the charge sheet, and the dictum of the Apex Court in Satender Kumar Antil vrs. Central Bureau of Investigation & another relating to the manner of appreciation of prayer for pre-arrest bail, the Court directed that on surrendering within three weeks hence and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

Detailed headnote1 paragraphs

Pre-arrest (anticipatory) bail application — High Court of Orissa, Cuttack (V. Narasingh, J., single bench) — Order dated 16.12.2025. Petitioners sought pre-arrest bail in connection with C.T. Case No.207 of 2025 pending before learned SDJM, Balasore, arising out of Sahadevkhunta P.S. Case No.103 of 2025, for offences punishable under Sections 189(2)/109(1)/191(2)/191(3)/296/115(2)/324(4)/126(2)/351(3)/190 of BNS, 2023 r/w Sec 27 of Arms Act, 1959; the genesis of the offence was stated to relate to fixing of timing of buses flying from Balasore to different destinations. Counsel for the Petitioners drew attention to the charge sheet filed on 13.12.2025 containing no mention of Section 109 of BNS and citing the injuries as simple; the Informant opposed protection, submitting that filing of the charge sheet fortified the allegations and the injury corresponds to the allegations. Counsel further stated on instruction that Petitioner No.3 has no criminal proclivity and Petitioners Nos.1 & 2 have year-old criminal antecedents relating to the incident in question. Keeping in view the dictum of the Apex Court in Satender Kumar Antil vrs. Central Bureau of Investigation & another (2023 SCC OnLine SC 452) relating to the manner of appreciation of prayer for pre-arrest bail, the Court directed that on surrendering within three weeks hence and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper; the ABLAPL accordingly stood disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 3319 of 2025

1. Narendra Behari @ …. Petitioners Narendra Behari Das

2. Abhishek Panda

3. Phukula @ Prasanta Kumar Barik

Mr. S. Mohapatra(2), Advocate

-versus-

1. State of Odisha

…. Opposite Parties

2. Madhab Mishra

Mr. C.R. Swain, AGA Mr. G.P. Jena, Adv.(Informant)

CORAM: JUSTICE V. NARASINGH ORDER

16.12.2025

Order No.

08.

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

The Petitioners are seeking pre-arrest bail in connection with C.T. Case No.207 of 2025 pending in the Court of learned SDJM, Balasore, arising out of Sahadevkhunta P.S. Case No.103 of 2025 for commission of offence punishable under Sections 189(2)/ 109(1)/ 191(2)/ 191(3)/ 296/ 115(2) /324(4) / 126(2) / 351(3)/ 190 of BNS, 2023 r/w Sec 27 of Arms Act, 1959.

It is submitted by the learned counsel for the Petitioners that the genesis of the offence relates to

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fixing of timing of buses flying from Balasore to different destinations.

It is submitted by the learned counsel that in the meanwhile charge sheet has been filed in the case at hand on 13.12.2025 and attention of this Court is drawn that in the charge sheet there is no mention of Section 109 of BNS and the injuries have been cited as simple.

Copy of the charge sheet is taken on record.

It is submitted by the learned counsel for the Petitioners that in such view of the matter Petitioners may be protected by pre arrest bail.

Such submission is opposed by the learned counsel for the State as well as Informant. 7. It is the submission of the learned counsel for the Informant that taking into account the nature of allegation, filing of the charge sheet fortifies the allegations and it is submitted that since there is injury corresponds to the allegations the Petitioners ought not to be protected by prearrest bail.

On instruction, learned counsel for the Petitioners submits that apart from the FIRs which relate to the self-same occurrence, Petitioner No.3 has no criminal proclivity and so far as Petitioner Nos.1 & 2 are concerned they have criminal

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antecedents which are year old and also relate to the incident in question.

Considering the nature of allegations in the case at hand, the filing of the charge sheet and keeping in view the dictum of the Apex Court in the case of Satender Kumar Antil vrs. Central Bureau of Investigation & another , 2023 SCC Online SC 452 relating to the manner of appreciation of prayer for pre-arrest bail, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules.

(V. NARASINGH) Judge

Ayesha

Signature Not Verified

Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 18-Dec-2025 11:35:29

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