Rajib Bhoi @ Kama Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Rajib Bhoi @ Kama Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest bail was NOT granted. Instead, the Petitioners obtained a time-bound surrender arrangement: surrender before the learned J.M.F.C., Nimapara within one month; bail motion to be considered on merits in the first hour of the day; liberty to move the higher forum in the second hour on the same day upon rejection, with a request to the higher forum for same-day disposal; case diary to be made available and record transmitted expeditiously; ground of parity, if any, to be weighed by the court(s) below.

Issue for consideration

Whether the Petitioners are entitled to pre-arrest bail in connection with G.R. Case No.182 of 2025 (arising out of Nimapara P.S. Case No.48 of 2025) for offences punishable under Sections 109/115(2)/126(2)/296/3(5)/333/351(2) of BNS, 2023. +1 more

Court's answer

The Court declined to entertain the application for pre-arrest bail, taking into account the nature of allegations and since the injuries were stated to be simple.

Ratio / Principle

The Petitioners were directed to surrender before the learned J.M.F.C., Nimapara in connection with the said case within one month from the date of the Order.

Key takeaways

On surrender and motion for bail, the learned J.M.F.C., Nimapara was directed 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 J.M.F.C., Nimapara, the Petitioners are at liberty to move the higher forum for bail in the second hour on the same day.ratio¶27
The higher forum was requested to make an endeavour to dispose of the Petitioners' bail application on the same day.ratio

Detailed headnote1 paragraphs

Criminal law — Anticipatory (pre-arrest) bail — Nine applicants sought pre-arrest bail in G.R. Case No.182 of 2025 (arising out of Nimapara P.S. Case No.48 of 2025) for offences punishable under Sections 109/115(2)/126(2)/296/3(5)/333/351(2) of BNS, 2023; learned counsel pleaded omnibus allegations — Application declined: taking into account the nature of allegations and since the injuries were stated to be simple, the Court was not inclined to entertain the prayer — Time-bound surrender framework directed: applicants to surrender before the learned J.M.F.C., Nimapara within one month; bail motion to be considered on merits in the first hour of the day; upon rejection, liberty to move the higher forum in the second hour on the same day, with the higher forum requested to endeavour same-day disposal; case diary to be made available to the concerned courts and case record transmitted expeditiously — Ground of parity, if any, left to the court(s) below — (V. Narasingh, J.) (Order dated 22.10.2025).

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 4497 of 2025

1. Rajib Bhoi @ Kama

… Petitioners

2. Babul Bhoi

3. Tubuli Bhoi @ Rahul

4. Sanjaya Bhoi @ Kalu

5. Bidulata Bhoi

6. Sujata Bhoi

7. Pira Bhoi @ Satyapira

8. Susama Bhoi

9. Bismaya Bhoi

Mr. S. Pattanayak, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. C. R. Swain, AGA

CORAM: JUSTICE V. NARASINGH ORDER

Order

22.10.2025

No.

04. 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.182 of 2025 pending in the Court of learned J.M.F.C., Nimapara arising out of Nimapara P.S. Case No.48 of 2025 for commission of offences punishable under Sections 109/115(2)/126(2)/296/3(5)/333/351(2) of BNS, 2023.

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It is submitted by the learned counsel that omnibus allegations have been made. Hence, the Petitioners may be protected by pre-arrest bail.

Learned counsel for the State opposes the prayer for pre-arrest bail, inter alia, on the ground that in the meanwhile two of the co-accused persons have been taken into custody.

Taking into account the nature of allegations and since the injuries are stated to be 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 J.M.F.C., Nimapara 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 J.M.F.C., Nimapara on merits, in the first hour of the day.

In the event of rejection of the prayer for bail by the learned J.M.F.C., Nimapara, 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

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concerned courts to facilitate disposal of the bail application of the Petitioners and learned J.M.F.C., Nimapara 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.

Accordingly, the ABLAPL stands disposed of. 8. 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: 23-Oct-2025 18:10:37

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