Amalendu Jena Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

Amalendu Jena Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

What the court decided

AI extract

Outcome

Conditional release on bail: petitioners to surrender before the learned J.M.F.C., Erasama within fifteen days; on surrender, both to be released on bail upon furnishing a bail bond of Rs.30,000/- each with one solvent surety each for the like amount, with other conditions as considered necessary in the facts and circumstances of the case.

Issue for consideration

Whether the petitioners are entitled to pre-arrest bail under Section 482 BNSS in connection with Erasama P.S. Case No.15 of 2026 (G.R. Case No.23 of 2026). +1 more

Court's answer

The petitioners are not entitled to pre-arrest bail, but are to be directed to surrender before the learned court below for being released with stringent conditions.

Ratio / Principle

In the event the petitioners surrender before the learned J.M.F.C., Erasama in connection with Erasama P.S. Case No.15 of 2026 corresponding to G.R. Case No.23 of 2026 within fifteen days, both shall be released on bail upon furnishing a bail bond of Rs.30,000/- each with one solvent surety each for the like amount, with other conditions as considered necessary.

Detailed headnote1 paragraphs

Anticipatory bail refused; conditional post-surrender bail granted — Petitioners, accused in Erasama P.S. Case No.15 of 2026 corresponding to G.R. Case No.23 of 2026 (learned J.M.F.C., Erasama), arising from a case under S.109(1) BNS in which they are alleged to have set the informant's house ablaze, sought pre-arrest bail under S.482 BNSS. The informant filed an affidavit stating a compromise and it was claimed he had been compensated for the loss suffered. Holding the petitioners not entitled to pre-arrest bail, the Court directed them to surrender before the learned court below within fifteen days, on which both were to be released on bail upon furnishing a bail bond of Rs.30,000/- each with one solvent surety each for the like amount, with other conditions as considered necessary. ABLAPL disposed of. (R.K. Pattanaik, J.)

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1013 of 2026

Amalendu Jena & another

…. Petitioners

Mr. A.N. Samantray, Advocate

-Versus-

State of Odisha

State of Odisha …. Opposite Party Mr. S.N. Das, ASC Ms. J. Rout, Advocate (Informant)

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

Order No.

19.02.2026

The name of Mr. B.N. Satapathy, learned counsel, who was appearing earlier for the informant be deleted considering his submission seeking withdrawal. Ms. J. Rout, learned counsel and her associates instead appear for the informant and files Vakalatnama, which is taken on record. An affidavit is filed by the informant stating therein about the compromise between him and the informant. A case under Section 109(1) of BNS has been registered. The petitioners are alleged of having set the house of the informant to ablaze,

Heard learned counsel for the respective parties.

Instant petition has been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Erasama P.S. Case No.15 of 2026 corresponding to G.R. Case No.23 of 2026 pending in the court of learned J.M.F.C., Erasama on the grounds stated.

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In view of the compromise, it is claimed that the informant has been compensated for the loss suffered. Considering the above facts and the affidavit filed by the informant accepted today and taken on record, this Court is of the view that the petitioners though are not entitled to pre-arrest bail but they should be directed to surrender before the learned court below for being released with stringent conditions.

5. Accordingly, it is ordered.

In the result, the ABLAPL is disposed of with the direction as aforesaid. It is further directed that in the event, the petitioners surrender before the learned J.M.F.C., Erasama in connection with Erasama P.S. Case No.15 of 2026 corresponding to G.R. Case No.23 of 2026 within fifteen days from today, both shall be released on bail upon furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) each with one solvent surety each for the like amount with other conditions as considered necessary in the facts and circumstances of the case.

7. Issue urgent certified copy of this order as per rules.

(R.K. Pattanaik) Judge

M.K.Rout

Signature Not Verified

Digitally Signed Signed by: MANOJ ROUT K Reason: Authentication Location: ORISSA HIGH COURT Date: 20-Feb-2026 16:44:04

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