Disposed¶23

Somanath Das v. State of Odisha

Orissa HC5 Mar 2026ABLAPL/1186/2026

Case brief

AI extract

What is this about?

Keywords: anticipatory bail; pre-arrest bail denied; Section 482 BNSS; surrender-and-release direction; ABLAPL; G.R Case No.779 of 2025; Baselisahi P.S. Case No.190 of 2025; J.M.F.C (Cog-II) Puri; counter FIR; simple injuries; incised injury; bail bond Rs.30,000; one solvent surety; criminal antecedent condition; Somanath Das v. State of Odisha; High Court of Orissa at Cuttack; R.K. Pattanaik; 05.03.2026.

What did the court decide?

ABLAPL disposed of with direction to surrender before learned J.M.F.C (Cog-II), Puri, whereupon the petitioner is to be released on bail on a bail bond of Rs.30,000/- with one solvent surety for the like amount subject to imposed conditions; pre-arrest bail itself was not granted. ¶23

Somanath Das Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to pre-arrest (anticipatory) bail under Section 482 BNSS in connection with G.R Case No.779 of 2025 arising out of Baselisahi P.S. Case No.190 of 2025.

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Court's answer

Pre-arrest bail was not granted; the Court directed instead that the petitioner surrender before the learned court below (J.M.F.C (Cog-II), Puri) for release with suitable conditions imposed.

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Ratio / Principle

Upon surrender before learned J.M.F.C (Cog-II), Puri, the petitioner shall be released on bail in G.R Case No.779 of 2025 corresponding to Baselisahi P.S. Case No.190 of 2025 on furnishing a bail bond of Rs.30,000/- with one solvent surety for the like amount, besides other deemed-just conditions including that he shall not involve any such criminal activities while on bail.

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Key takeaways

The bail-on-surrender direction shall be given effect only provided the petitioner does not have more than one criminal antecedent as is claimed.ratio¶23

Detailed headnote1 paragraphs

Anticipatory-bail application (ABLAPL No. 1186 of 2026, High Court of Orissa at Cuttack, R.K. Pattanaik, Judge, order dated 05.03.2026) by Somanath Das under Section 482 BNSS in respect of G.R Case No.779 of 2025 (Baselisahi P.S. Case No.190 of 2025) pending before J.M.F.C (Cog-II), Puri. Pre-arrest bail was declined: the petitioner's name is absent from the FIR, a counter FIR exists for the same incident (occurrence 23.09.2025; counter FIR dated 24.09.2025), and all recorded injuries (Bhima Nayak; Ranjan Barik — one incised wound) were simple in nature. The petitioner was directed to surrender before the court below, upon which he is to be released on bail on a Rs.30,000/- bond with one solvent surety of the like amount, conditioned on abstention from criminal activities while on bail and on his having not more than one criminal antecedent as claimed.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No. 1186 of 2026

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Somanath Das

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…. Petitioner

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Mr. T.P. Mohapatra, Advocate

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-Versus-

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State of Odisha

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…. Opposite Party

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Mr. M.K. Mohanty, ASC

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CORAM:

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MR. JUSTICE R.K. PATTANAIK

Order

No.

ORDER

05.03.2026

Heard learned counsel for the respective parties.

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Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with G.R Case No.779 of 2025 pending in the file of learned J.M.F.C (Cog-II), Puri arising out of Baselisahi P.S. Case No.190 of 2025 on the grounds stated.

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From the FIR as at Annexure-1, it is revealed that the name of the petitioner is not mentioned therein. It is claimed that the victim, namely, Bhima Nayak received simple injury. It is also claimed that the injury received by one Ranjan Barik who was medically examined is again simple in nature. The case diary and medical examination reports of the injured have been produced by learned counsel for the State. One incised injury has been received by one of the victims, namely, Ranjan Barik but stated to be simple in nature. Learned counsel for the petitioner submits that a counter FIR is lodged for the self-same

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Page 1 of 2

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incident dated 24^th September, 2025. The occurrence has taken place on 23^rd September, 2025 for which counter FIR has been lodged. Considering the submissions of learned counsels for the respective parties and since the name of the petitioner is not mentioned in the FIR i.e. Annexure-1 and all the injuries of the victims found to be simple in nature, this Court is not inclined to grant him pre-arrest bail but is of the view that the petitioner should be directed to surrender before the learned court below for being released with suitable conditions imposed.

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4. Accordingly, it is ordered.

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In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the court of learned J.M.F.C (Cog-II), Puri, it is directed that he shall be released on bail in connection with G.R Case No.779 of 2025 corresponding to Baselisahi P.S. Case No.190 of 2025 on furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) with one solvent surety for the like amount with such other conditions imposed as deemed just and proper and in the facts and circumstances of the case besides the following, such as, he shall not involve any such criminal activities while on bail. The above order, as is further directed, shall be given effect to provided the petitioner does not have more than one criminal antecedent as is claimed.

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Signature Not Verified6.

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Issue urgent certified copy of this order as per rules.

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Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTCDate: 06-Mar-2026 18:35:42 (R.K. Pattanaik) Judge

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Rojina

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Somanath Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Somanath Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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