Prabhat Tarai @ Pintu Tarai Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Prabhat Tarai @ Pintu Tarai Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No pre-arrest bail granted; the application was not entertained. Procedural directions issued: surrender before the learned J.M.F.C., Khallikote within one month; bail motion to be considered on merits in the first hour of the day; if rejected, liberty to move the higher forum in the second hour on the same day; higher forum requested to dispose of the bail application the same day on merit; case diary to be made available to the concerned courts and case record transmitted to the higher forum upon rejection.

Issue for consideration

Whether the Petitioner is entitled to pre-arrest (anticipatory) bail in connection with G.R. Case No.1761 of 2025 (Rambha P.S. Case No.625 of 2025) pending before the learned J.M.F.C., Khallikote, Dist. Ganjam.

Court's answer

Pre-arrest bail refused: considering the State's reliance, on the recitals of the Case Diary, on witness statements indicating that the overt act was committed by the Petitioner and that the injury suffered is grievous, this Court is not inclined to entertain the application for pre-arrest bail.

Ratio / Principle

The Petitioner is directed to surrender before the learned J.M.F.C., Khallikote in connection with the aforementioned case within one month from the date of the order.

Key takeaways

In the event of surrender and motion for bail, the learned J.M.F.C., Khallikote is to consider the bail application on merits in the first hour of the day.ratio¶20
In the event of rejection of the bail prayer by the learned J.M.F.C., Khallikote, the Petitioner is 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 make an endeavour to dispose of the Petitioner's bail application on the same day on merit in accordance with law.

Detailed headnote1 paragraphs

Pre-arrest bail - Refused. ABLAPL No.9873 of 2025, High Court of Orissa at Cuttack (V. Narasingh, J., 14.11.2025). Petitioner sought anticipatory bail in G.R. Case No.1761 of 2025 (arising out of Rambha P.S. Case No.625 of 2025) pending before the learned J.M.F.C., Khallikote, Dist. Ganjam, for offences punishable under Sections 126(2), 296, 115(2), 109(1), 351(2) and 3(5) of BNS, 2023. Petitioner's counsel urged case-and-counter-case with exaggerated allegations and that the Petitioner was himself injured and under treatment; the State, relying on Case Diary recitals and witness statements, contended the overt act was committed by the Petitioner and the injury grievous. The Court declined to entertain the pre-arrest bail application but directed surrender before the learned J.M.F.C., Khallikote within one month, consideration of the bail motion 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, a request to the higher forum to dispose of the bail application the same day on merit, availability of the case diary to the concerned courts, and transmission of the case record to the higher forum upon rejection. ABLAPL disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9873 of 2025

Prabhat Tarai @ Pintu Tarai

Petitioner

Mr. S.K. Bhanjadeo, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. S. Panigrahi, ASC

CORAM: JUSTICE V. NARASINGH ORDER

14.11.2025

Order No.

04.

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

The Petitioner is seeking pre-arrest bail in connection with G.R. Case NO.1761 of 2025 pending on the file of learned J.M.F.C., Khallikote, Dist. Ganjam, arising out of Rambha P.S. Case No.625 of 2025 for commission of offences punishable under Sections 126(2)/ 296/ 115(2)/ 109(1)/ 351(2)/ 3(5) of BNS, 2023

It is submitted by the learned counsel that because of case and counter case exaggerated allegations have been made. In fact the Petitioner has been injured and is undergoing treatment.

Page 1 of 3

While not disputing such submission, learned counsel for the State on the basis of recitals of Case Diary places reliance on the statements of the witnesses indicating that the overt act is committed by the Petitioner and that the injury suffered is grievous. Hence, the Petitioner ought not to be protected.

Considering the same, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that the Petitioner may surrender before the learned J.M.F.C., Khallikote, 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 J.M.F.C., Khallikote 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., Khallikote, 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 endeavour to dispose of the bail application of the Petitioner on the same day on merit in accordance with law. `

The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned J.M.F.C., Khallikote is called upon to transmit the case record to

Page 2 of 3

the higher forum at the earliest in the event of

rejection of such bail application.

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

(V. NARASINGH)

Judge

Soumya

Signature Not Verified

Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 15-Nov-2025 14:00:50

Page 3 of 3