Disposed¶23

Raj Kishore Patra v. State of Odisha

Orissa HC22 Apr 2026ABLAPL/1307/2026

Case brief

AI extract

What is this about?

ABLAPL No. 1307 of 2026, High Court of Orissa at Cuttack, R.K. Pattanaik, J., order dated 22.04.2026; pre-arrest/anticipatory bail under Section 482 BNSS refused; stab injury of incised wound with other simple injuries; Jaleswar P.S. Case No.27 of 2026; C.T. Case No.42 of 2026; JMFC Jaleswar; counter FIR Annexure-2; liberty to surrender within a fortnight; regular bail first hour JMFC, Sessions Court second hour same day.

What did the court decide?

Pre-arrest bail declined; petitioner given liberty to surrender before the learned court below within a fortnight and apply for regular bail, to be considered by the learned JMFC, Jaleswar during the first hour and, if rejected, by the Sessions Court the same day during the second hour, with relevant record made available; urgent certified copy ordered as per rules. ¶23

Raj Kishore Patra 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 Jaleswar P.S. Case No.27 of 2026 / C.T. Case No.42 of 2026 pending before JMFC, Jaleswar.

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Court's answer

Having perused the injury reports (victim Raj Kishore Patra received a stab injury of incised wound and other injuries stated to be simple), and recording the objection of the State and of learned counsel for the informant, the Court declined to entertain the plea of pre-arrest bail but allowed liberty to the petitioner to surrender before the court below and seek regular bail.

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Ratio / Principle

If the petitioner surrenders within a fortnight and moves for regular bail, the learned JMFC, Jaleswar shall consider the application in connection with C.T. Case No.42 of 2026 during the first hour; in the event of rejection, he may approach the Sessions Court for orders the same day during the second hour, with the relevant record to be made available at the hearing.

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Detailed headnote1 paragraphs

Anticipatory bail under Section 482 BNSS sought in ABLAPL No. 1307 of 2026 in connection with Jaleswar P.S. Case No.27 of 2026, pending before learned JMFC, Jaleswar as C.T. Case No.42 of 2026; a counter F.I.R. stands lodged. On the earlier direction of 9th March, 2026, the case diary and injury reports were produced. The reports showed the petitioner-victim, Raj Kishore Patra, received a stab injury of incised wound and other injuries stated to be simple. Considering the nature of injuries and the objections of the State and the informant's counsel, the Court declined pre-arrest bail but permitted surrender within a fortnight and application for regular bail, to be heard by the JMFC, Jaleswar in the first hour and, on rejection, by the Sessions Court the same day in the second hour, with the relevant record to be made available.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No. 1307 of 2026

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Raj Kishore Patra

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…. Petitioner

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Mr. P.C.Jena, Advocate

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-Versus-

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State of Odisha & another

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…. Opposite Parties

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Mr. S. K.Brahma, ASC

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Mr. S.Devray, Advocate for Informant

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CORAM:

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MR. JUSTICE R.K. PATTANAIK

ORDER

Order No.

22.04.2026

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 Jaleswar P.S. Case No.27 of 2026 pending in the file of learned JMFC, Jaleswar corresponding to C.T. Case No.42 of 2026 on the grounds stated.

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Perused the F.I.R. as at Annexure-1. The counter F.I.R. is lodged as per Annexure-2. Last time, this Court by order dated 9th March, 2026 directed the State to submit the case diary and other police papers including the medical examination reports of the injured. Today, injury reports are produced along with the case diary and other documents which are gone through. From the report, it is found that the victim,

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namely, Raj Kishore Patra received a stab injury of incised wound. The said victim has also received other injuries but stated to be simple in nature. Considering the nature of injuries as revealed from the said report, recording the objection of the State and Mr. Devray, learned counsel for the informant, this Court is not inclined to entertain the plea of pre-arrest bail, however, allows the liberty for the petitioner to surrender before the learned court below seeking regular bail.

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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 within a fortnight from today and moves an application for regular bail, it shall be considered by the learned JMFC, Jaleswar in connection with C.T. Case No.42 of 2026 during the first hour and in the event of rejection, he shall approach the Sessions Court for orders on the same day during second hour itself and for the said purpose, the relevant record shall be made available at the time of hearing.

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Issue urgent certified copy of this order as per rules.

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(R.K. Pattanaik) Judge

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Signature Not Verified

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Kabita Digitally Signed Signed by: KABITARANI MAJHI Reason: Authentication Location: OHC, Cuttack Date: 24-Apr-2026 17:37:22

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Raj Kishore Patra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Raj Kishore Patra 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

Case details

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