Kaim Saha Vs State of Odisha

Instant petitions under Section 482 BNSS are filed seeking pre-arrest bail of the petitioners in connection with G.R. Case. No.390 of 2025 pending in the file of learned S.D.J.M., Bhadrak arising out of Puruna Bazar P.S. Case. No. 282 of 2025 on the grounds stated.

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Perused the FIR as at Annexure-1. The case diary and statements of witnesses recorded under Section 180 BNSS have been produced by Mr. Mohanty, learned ASC for the State. Learned counsels for the petitioners submit that there has been no injury caused to the informant though he is alleged to have been assaulted. Mr. Mishra, learned counsel for the petitioner in ABLAPL No.13882 of 2025 would submit that the petitioner happens to be the owner of a vehicle and has not been named in the FIR though it is admitted that he has two other criminal cases but not similar in nature. Mr. Patnaik, learned counsel for the petitioners in ABLAPL Nos.14654 and 14666 of 2025 similarly submit claiming that the names of the said accused persons have not been disclosed in the FIR, but informs that the accused, namely, Mursit Alli Saha in ABLAPL No.14654 of

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2025 is having one antecedent. Similar is the submission of Mr. Faiz, learned counsel for the petitioner in ABLAPL No.14998 of 2025 to the effect that the accused is having one antecedent, however, he has been named in the FIR. The submissions of learned counsels for the petitioners are that the allegations in the FIR are false and since the informant shown to have not received any serious injury, the accused persons should be allowed to go on bail subject to conditions. Mr. Mohanty, learned ASC for the State submits that the investigation is underway. But in so far as the valuables removed from the informant are concerned, nothing is revealed from the case diary to show that they have recovered in the meantime. It is admitted by Mr. Mohanty, learned ASC that the informant has not received any such injury though medically examined on police requisition. In view of the above facts and submissions of learned counsels for the respective parties, this Court notwithstanding some of the accused persons having antecedents but not similar in nature and not in favour of entertaining their bail plea but is inclined to direct the petitioners to surrender before the learned court below for being released with stringent conditions which are as follows.

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5. Accordingly, it is ordered.

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In the result, the ABLAPLs are disposed of with the direction as aforesaid. In the event, the petitioners surrender before the court of learned S.D.J.M., Bhadrak within a fortnight from today, it is directed that they shall be released on bail in

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connection with G.R. Case. No.390 of 2025 corresponding to Puruna Bazar P.S. Case. No. 282 of 2025 on furnishing a bail bond of Rs.40,000/-(rupees forty thousand) each with one solvent surety for the like amount each with such other conditions imposed as deemed just and proper and in the facts and circumstances of the case besides the following, such as, they shall cooperate the I.O. in the investigation and to attend the PS as and when summoned without default and to submit undertakings to not be involved in similar criminal activities while on bail.

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

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(R.K. Pattanaik) Judge

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Rojina

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Signature Not Verified

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Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTC Date: 02-May-2026 15:38:18

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Kaim Saha v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kaim Saha 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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