Santosh Kumar Palai Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Santosh Kumar Palai Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest bail declined. Liberty granted to the petitioners to surrender before the learned trial Court on or before 10th May, 2026 and move appropriate application for regular bail (raising all grounds, including parity); the trial Court is expected to consider such application on the same day. All ABLAPLs disposed of by common order.

Issue for consideration

Whether the petitioners are entitled to pre-arrest (anticipatory) bail in connection with Aul P.S. Case No.517 of 2024 corresponding to G.R. Case No.799 of 2024, pending before the learned J.M.F.C., Aul. +1 more

Court's answer

Pre-arrest bail is declined because the allegations are serious and the petitioners are involved in many other cases.

Ratio / Principle

Liberty is granted to the petitioners to surrender before the learned trial Court on or before 10th May, 2026 and move appropriate application for regular bail.

Key takeaways

In the regular bail application the petitioners may raise all grounds urged in the anticipatory bail application, including the ground of parity with the co-accused.ratio¶¶62
If the petitioners surrender and move an application for regular bail, the learned trial Court is expected to consider their bail application on the same day.ratio¶¶62

Detailed headnote1 paragraphs

Anticipatory bail — common order of the High Court of Orissa (Justice Sibo Sankar Mishra, 21.04.2026) disposing of six ABLAPLs (Nos.2333 of 2026, 13115, 13873, 13876, 14009 and 14048 of 2024) filed by Smurti Ranjan Padhihari @ Smruti Ranjan Padhihari, Sanjay Parida, Santosh Kumar Palai, Bibek Palai, Suman Kumar Das and Sekhar Parida, all arising out of Aul P.S. Case No.517 of 2024 / G.R. Case No.799 of 2024 for offences under Sections 126(2)/303(2)/115(2)/118(1)/118(2)/109/296/3(5) of B.N.S., 2023 read with Section 25/27 of the Arms Act, pending before the J.M.F.C., Aul. Prosecution alleges assault of the informant's son with deadly weapons by the petitioners and co-accused, students of the same college with prior disputes. Plea of parity based on coordinate Bench order dated 07.01.2025 admitting co-accused Suman Kumar Das to bail in BLAPL No.9873 of 2024 did not sway the Court: pre-arrest bail was refused since the allegations are serious and the petitioners are involved in many other cases; the State reported filing of a preliminary charge-sheet (final charge-sheet withheld due to the petitioners' absconding) and placed their criminal antecedents on record. Petitioners were granted liberty to surrender before the trial Court on or before 10th May, 2026 and move for regular bail raising all grounds, including parity, with an expectation that the trial Court consider the application on the same day.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2333 of 2026

Smurti Ranjan Padhihari …. Petitioner(s) @ Smruti Ranjan Padhihari

Ms. Itishree Mishra, Advocate

-versus-

State of Odisha

…. Opposite Party(s)

Mr. Sobhan Panigrahi, ASC ABLAPL No.13115 of 2024

Sanjay Parida

Petitioner(s)

Ms. Itishree Mishra, Advocate

-versus-

State of Odisha

…. Opposite Party(s)

Mr. Sobhan Panigrahi, ASC ABLAPL No.13873 of 2024

Santosh Kumar Palai …. Petitioner(s)

Mr. Prasanta Kumar Das, Advocate

-versus-

State of Odisha

…. Opposite Party(s)

Mr. Sobhan Panigrahi, ASC ABLAPL No.13876 of 2024

Bibek Palai

Petitioner(s)

Mr. Prasanta Kumar Das, Advocate

-versus-

State of Odisha …. Opposite Party(s)

Mr. Sobhan Panigrahi, ASC

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ABLAPL No.14009 of 2024

Suman Kumar Das

Petitioner(s)

Mr. Prasanta Kumar Das, Advocate -versus-

State of Odisha

…. Opposite Party(s)

Mr. Sobhan Panigrahi, ASC ABLAPL No.14048 of 2024

Sekhar Parida

…. Petitioner(s)

Mr. Prasanta Kumar Das, Advocate -versus-

State of Odisha

…. Opposite Party(s)

Mr. Sobhan Panigrahi, ASC

CORAM: JUSTICE SIBO SANKAR MISHRA

ORDER

Order No.

01.

21.04.2026

1. Since all the bail applications arise out of the

same F.I.R. and involve the same issues, they are taken

up together and are being disposed of by this common order.

2. Heard.

3. The petitioners are seeking pre-arrest bail in

connection with Aul P.S. Case No.517 of 2024

corresponding to G.R. Case No.799 of 2024 for the commission of offences under Sections

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126(2)/303(2)/115(2)/118(1)/118(2)/109/296/3(5) of B.N.S., 2023 read with Section 25/27 of the Arms Act

pending in the Court of the learned J.M.F.C., Aul.

4. The prosecution case in the F.I.R. lodged by the informant, is that the son of the informant and the petitioners are the students of the same college and had prior disputes among them. It is alleged that on the date of occurrence, while the informant’s son was returning from the market, the petitioner along with other co-accused persons intercepted him on the way and picked up a quarrel. Thereafter, they allegedly abused him in filthy language and assaulted him with deadly weapons, as a result of which he sustained injuries. Hence, the F.I.R. was lodged against the petitioners.

5. Learned counsel for the petitioners submits that one of the co-accused, namely, Suman Kumar Das had approached this Court by filing BLAPL No.9873 of 2024. The coordinate Bench of this Court vide order dated 07.01.2025 admitted him on bail. Hence, the

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petitioners seek concession of pre-arrest bail on the ground of parity.

6. Mr. Panigrahi, learned Additional Standing Counsel for the State submits that after investigation, preliminary charge-sheet has been filed. However, since the petitioners are absconding, the final charge-sheet could not be submitted. He has also placed on record the criminal antecedents of the petitioners, which are taken on record.

7. Be that as it may, since the allegations are serious and the petitioners are involved in many other cases, this Court is not inclined to grant the concession of pre-arrest of bail. However, liberty is granted to the petitioners to surrender before the learned trial Court on or before 10^th May, 2026 and move appropriate application for regular bail raising all the grounds as has been urged in this application including the ground of parity with the co-accused. In the event the petitioners surrender and move application for regular bail, it is expected that the learned trial Court shall consider their bail application on the same day.

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8. With this observation, the ABLAPLs are

disposed of.

(S.S. Mishra)

Judge

Swarna

Signature Not Verified

Digitally Signed Signed by: SWARNAPRAVA DASH Reason: Authentication Location: High Court of Orissa Date: 23-Apr-2026 19:43:13

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