Sekhar Parida v. State of Odisha

Orissa HC21 Apr 2026ABLAPL/14048/2024

Case brief

AI extract

What is this about?

Anticipatory/pre-arrest bail refused; High Court of Orissa at Cuttack; Justice Sibo Sankar Mishra; common order dated 21.04.2026; ABLAPL; B.N.S. 2023 Sections 126(2)/303(2)/115(2)/118(1)/118(2)/109/296/3(5); Arms Act Section 25/27; Aul P.S. Case No.517 of 2024; G.R. Case No.799 of 2024; J.M.F.C. Aul; parity with co-accused; BLAPL No.9873 of 2024 order dated 07.01.2025; surrender on or before 10th May, 2026; same-day consideration of regular bail; absconding petitioners; preliminary charge-sheet; criminal antecedents.

What did the court decide?

Pre-arrest bail declined; liberty granted to the petitioners to surrender before the learned trial Court on or before 10th May, 2026 and move an application for regular bail (including the parity ground), which the trial Court is expected to consider on the same day. ¶¶65

Sekhar Parida Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners are entitled to pre-arrest bail in connection with Aul P.S. Case No.517 of 2024 / G.R. Case No.799 of 2024 (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). +1 more

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Court's answer

Pre-arrest bail declined: the allegations are serious and the petitioners are involved in many other cases (criminal antecedents taken on record), so the Court is not inclined to grant the concession of pre-arrest bail.

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Ratio / Principle

Liberty granted to the petitioners to surrender before the learned trial Court on or before 10th May, 2026 and move an appropriate application for regular bail raising all the grounds urged in this application, including the ground of parity with the co-accused; the learned trial Court is expected to consider their bail application on the same day.

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Detailed headnote1 paragraphs

Pre-arrest bail - six applications (ABLAPL Nos. 2333 of 2026, 13115, 13873, 13876, 14009 and 14048 of 2024) arising out of the same F.I.R. disposed of by common order - 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, 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 - allegation of assault on the informant's son with deadly weapons - preliminary charge-sheet filed; final charge-sheet withheld as petitioners absconding; criminal antecedents on record - parity sought with co-accused Suman Kumar Das, admitted to bail by coordinate Bench order dated 07.01.2025 in BLAPL No.9873 of 2024 - Held: allegations serious and petitioners involved in many other cases; pre-arrest bail declined - liberty to surrender before the trial Court on or before 10th May, 2026 and move for regular bail raising all grounds including parity, to be considered the same day - applications disposed of (S.S. Mishra, J.).

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.2333 of 2026

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

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Ms. Itishree Mishra, Advocate

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-versus-

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State of Odisha

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…. Opposite Party(s)

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

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Sanjay Parida

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Petitioner(s)

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Ms. Itishree Mishra, Advocate

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-versus-

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State of Odisha

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…. Opposite Party(s)

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

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Santosh Kumar Palai …. Petitioner(s)

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Mr. Prasanta Kumar Das, Advocate

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-versus-

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State of Odisha

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…. Opposite Party(s)

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

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Bibek Palai

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Petitioner(s)

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Mr. Prasanta Kumar Das, Advocate

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-versus-

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State of Odisha …. Opposite Party(s)

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Mr. Sobhan Panigrahi, ASC

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Page 1 of 5

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ABLAPL No.14009 of 2024

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Suman Kumar Das

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Petitioner(s)

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Mr. Prasanta Kumar Das, Advocate -versus-

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State of Odisha

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…. Opposite Party(s)

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

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Sekhar Parida

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…. Petitioner(s)

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Mr. Prasanta Kumar Das, Advocate -versus-

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State of Odisha

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…. Opposite Party(s)

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Mr. Sobhan Panigrahi, ASC

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CORAM: JUSTICE SIBO SANKAR MISHRA

ORDER

Order No.

01.

21.04.2026

1. Since all the bail applications arise out of the

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

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

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2. Heard.

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3. The petitioners are seeking pre-arrest bail in

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

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

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Page 2 of 5

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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

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

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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.

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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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Page 3 of 5

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

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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.

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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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Page 4 of 5

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8. With this observation, the ABLAPLs are

disposed of.

(S.S. Mishra)

Judge

Swarna