Pabitra Kumar Behera @ Pabitra Behera Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Pabitra Kumar Behera @ Pabitra Behera Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional pre-arrest bail protection directed: Petitioners to surrender within three weeks hence and move for bail; on doing so they are to be released on bail by the learned Court in seisin on such terms as deemed just and proper, subject to (i) verification of criminal antecedents of similar nature (order ineffective if any such antecedent surfaces) and (ii) verification by the releasing court whether this order has been assailed before the Apex Court and its result; Petitioners to cooperate with the ongoing investigation.

Issue for consideration

Whether the Petitioners may be protected by pre-arrest bail in connection with G.R. Case No.123 of 2023 / Erasama P.S. Case No.91 of 2025.

Court's answer

Taking into account the nature of allegation and on perusal of the statement of the injured and the injury report, this Court directs 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, subject to verification of criminal antecedent of similar nature.

Ratio / Principle

If it comes to the fore that the Petitioners have any such criminal antecedent, the order shall not be given effect to.

Key takeaways

Before releasing the Petitioners, the learned Court shall verify as to whether the order of this Court has been assailed before the Apex Court and, if so, the result thereof.ratio¶29
The Petitioners shall cooperate with the ongoing investigation.ratio¶30

Detailed headnote1 paragraphs

Pre-arrest (anticipatory) bail directions issued by the High Court of Orissa at Cuttack in ABLAPL No. 4786 of 2025 concerning G.R. Case No.123 of 2023 (arising out of Erasama P.S. Case No.91 of 2025) pending before J.M.F.C., Erasama, Jagatsinghpur, for offences under Sections 191(2)/127(2)/115(2)/296/351(2)/109(1)/190 of BNS. Taking into account the nature of allegation, the statement of the injured and the injury report — and on pleas that a counter FIR had led to exaggerated allegations, that the Petitioners had no criminal proclivity, and that principal accused Sudhir Behera had already been released — the Court directed that on surrendering within three weeks and moving for bail, the Petitioners be released on bail by the Court in seisin on such terms as deemed just and proper. The grant is conditioned on verification of criminal antecedents of similar nature (the order to have no effect if any such antecedent emerges) and on the releasing court verifying whether this order has been assailed before the Apex Court and with what result. Cooperation with the ongoing investigation was also required.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 4786 of 2025

1. Pabitra Kumar …. Petitioners Behera @ Pabitra Behera

2. Prakash Mohanty @ Prakash Chandra Mohanty

3. Umesh Mohanty

4. Sasibhusan @ Shashi Bhusan Behera

5. Biswabhusan @ Biswobhusan Behera

6. Debasishi @ Debasish Behera

7. Biswajit Biswal

Mr. R. Dasmohapatra, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. S.K. Lenka, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

10.07.2025

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.123 of 2023 pending on the file of learned J.M.F.C. Erasama, Jagatsinghpur

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arising out of Erasama P.S. Case No.91 of 2025 for commission of offences punishable under Sections 191(2)/127(2)/115(2)/296/351(2)/109(1)/190 of BNS.

It is submitted by the learned counsel for the Petitioners that because of the counter FIR, exaggerated allegations have been made and since the Petitioners have no criminal proclivity and the principal accused, namely, Sudhir Behera in the meantime has been released, Petitioners may be protected by pre-arrest bail.

It is his further submission that the incident has happened on the spur of the moment without any premeditation.

Learned counsel for the State opposes the prayer.

Taking into account the nature of allegation and on perusal of the statement of the injured and the injury report, this Court directs 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 subject to verification of criminal antecedent of similar nature.

If it comes to the fore that the Petitioners have any such criminal antecedent, this order shall not be given effect to.

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Before releasing the learned Court shall verify as to whether order of this Court has been assailed before the Apex Court and if so, the result thereof.

It is needless to state that the Petitioners shall cooperate with the ongoing investigation.

Accordingly, the ABLAPL stands disposed of.

U.C.C. as per rules.

(V. NARASINGH) Judge

Santoshi

Signature Not Verified

Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 11-Jul-2025 17:06:14

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