Bipin Naik Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Bipin Naik Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No relief: pre-arrest bail declined. Protective directions issued: surrender before the learned S.D.J.M., Dhenkanal within one month; bail application to be considered on merits in the first hour; upon rejection, liberty to move the higher forum in the second hour the same day, which is requested to dispose of the application the same day; case diary to be made available; parity and co-accused-statement/recovery points open before the courts below.

Issue for consideration

Whether the Petitioner is entitled to pre-arrest (anticipatory) bail in connection with G.R. Case No.839 of 2023 (Dhenkanal Sadar P.S. Case No.478 of 2023) under Sections 392/34 IPC read with Sections 25/27 Arms Act.

Court's answer

Application for pre-arrest bail refused, taking into account the nature of the accusation and the Petitioner's criminal proclivity.

Ratio / Principle

Petitioner directed to surrender before the learned S.D.J.M., Dhenkanal within one month; upon surrender and motion for bail, the application is to be considered by that court on merits in the first hour of the day.

Key takeaways

If the learned S.D.J.M., Dhenkanal rejects the bail prayer, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.ratio¶19
The higher forum is requested to endeavour to dispose of the Petitioner's bail application on the same day it is moved.ratio¶20
Facilitative directions: the case diary shall be made available to the concerned courts to enable disposal of the bail application, and the learned S.D.J.M., Dhenkanal is to transmit the case record to the higher forum at the earliest upon rejection.

Detailed headnote1 paragraphs

Anticipatory bail refused — ABLAPL No. 532 of 2024 (High Court of Orissa, V. Narasingh, J., 10.11.2025): Petitioner sought pre-arrest bail in G.R. Case No.839 of 2023 (arising out of Dhenkanal Sadar P.S. Case No.478 of 2023) for offences punishable under Sections 392/34 IPC read with Sections 25/27 Arms Act. Taking into account the nature of accusation and the Petitioner's criminal proclivity, the Court declined pre-arrest bail but permitted surrender before the learned S.D.J.M., Dhenkanal within one month, with directions that the bail application 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, which was requested to endeavour same-day disposal; case diary to be furnished and record transmitted. Ground of parity and the plea that the implication is based on the co-accused's statement (money having been recovered from the forwarded co-accused) were left to the courts below. ABLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 532 of 2024

Bipin Naik …. Petitioner

Mr. S.K. Dash, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. C.R. Swain, AGA

CORAM: JUSTICE V. NARASINGH ORDER

10.11.2025 Order No.

02.

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.839 of 2023 pending on the file of learned S.D.J.M., Dhenkanal, arising out of Dhenkanal Sadar P.S. Case No.478 of 2023 for commission of offences punishable under Sections 392/34 of IPC read with Section 25/27 of Arms Act.

Learned counsel for the State opposes the prayer for pre-arrest bail.

Taking into account the nature of accusation and that the Petitioner has criminal proclivity, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that Petitioner may surrender before the learned S.D.J.M.,

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Dhenkanal in connection with the aforementioned case within one month from today.

In the event of his surrender and motion for bail, the same be considered by the learned S.D.J.M., Dhenkanal 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., Dhenkanal, the Petitioner is 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 Petitioner on the same day.

The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned S.D.J.M., Dhenkanal 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.

It shall be open for the Petitioner to bring to the notice of the learned Court in seisin that the basis of implication is on account of the co-accused statement and that the money involved has already been recovered from the co-accused who has been forwarded.

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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: 12-Nov-2025 18:32:47

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