Prabhat Nayak @ Pravat Kumar Nayak Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Prabhat Nayak @ Pravat Kumar Nayak Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No pre-arrest bail granted. Petitioners permitted to surrender before the learned S.D.J.M., Bhadrak within one month; on surrender and motion, bail to be considered on merits in the first hour of the day; upon rejection, liberty to move the higher forum in the second hour the same day; higher forum requested to endeavour same-day disposal; case record transmission and case-diary availability directed; ground of parity left for consideration by the courts below.

Issue for consideration

Whether the Petitioners should be granted pre-arrest bail in connection with G.R. Case No.856 of 2025 (arising out of Bhadrak Town P.S. Case No.223 of 2025) pending before the learned S.D.J.M., Bhadrak.

Court's answer

On a conspectus of the materials on record, the Court disposed of the ABLAPL observing that the Petitioners may surrender before the learned S.D.J.M., Bhadrak in connection with the case within one month; pre-arrest bail was not granted.

Ratio / Principle

In the event of surrender and motion for bail, the learned S.D.J.M., Bhadrak shall consider the bail application on merits in the first hour of the day.

Key takeaways

If the learned S.D.J.M., Bhadrak rejects the prayer for bail, the Petitioners are at liberty to move the higher forum for bail in the second hour on the same day.ratio¶¶21
On being so moved, the higher forum is requested to endeavour to dispose of the Petitioners' bail application on the same day, and the case diary is to be made available to the concerned courts to facilitate disposal.ratio¶¶22

Detailed headnote1 paragraphs

Anticipatory bail (pre-arrest bail) application, ABLAPL No. 4796 of 2025 (High Court of Orissa at Cuttack, Justice V. Narasingh, order dated 10.07.2025), by Prabhat Nayak @ Pravat Kumar Nayak, Suresh Chandra Barik and Jatindra Kumar Nayak against the State of Odisha, in connection with G.R. Case No.856 of 2025 pending before the learned S.D.J.M., Bhadrak, arising out of Bhadrak Town P.S. Case No.223 of 2025, for offences punishable under Sections 115(2)/126(2)/127(2)/296/3(5)/303(2)/308(4)/351(3) BNS read with Section 25 of the Arms Act. The State opposed the prayer. Without granting pre-arrest bail, the Court disposed of the application directing that the Petitioners may surrender within one month, that the S.D.J.M., Bhadrak consider their bail application on merits in the first hour of the day, and that, upon rejection, the Petitioners may move the higher forum the same day in the second hour; the higher forum was requested to endeavour same-day disposal, the case record to be transmitted by the S.D.J.M. at the earliest, the case diary to be made available to the concerned courts, and the ground of parity, if any, to be considered by the courts below.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 4796 of 2025

1. Prabhat Nayak @ Pravat Kumar Nayak

Petitioners

2. Suresh Chandra Barik

3. Jatindra Kumar Nayak

Mr. R.N. Rout, 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.856 of 2025 pending on the file of learned S.D.J.M., Bhadrak arising out of Bhadrak Town P.S. Case No.223 of 2025 for commission of offences punishable under Sections 115(2)/ 126(2)/ 127(2)/ 296/ 3(5)/ 303(2)/ 308(4)/ 351(3) of BNS read with Section 25 of Arms Act. 3. Learned counsel for the State opposes the prayer for pre-arrest bail.

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On a conspectus of materials on record, ABLAPL is disposed of with the observation that the Petitioners may surrender before the learned S.D.J.M., Bhadrak 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 S.D.J.M., Bhadrak on merits, in the first hour of the day.

In the event of rejection of the prayer for bail by the learned S.D.J.M., Bhadrak, 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 endeavour to dispose of the bail application of the Petitioners on the same day. The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioners and learned S.D.J.M., Bhadrak is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application.

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

Accordingly, the ABLAPL stands disposed of. 7. U.C.C. as per rules.

Signature Not Verified

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

Santoshi

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