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

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

What the court decided

AI extract

Outcome

Pre-arrest bail protection granted on conditions: Petitioner to surrender within three weeks and move for bail, whereupon he shall be released on bail by the learned Court in seisin on such terms as deemed just and proper, subject to verification of absence of similar criminal antecedents, weekly appearance before the jurisdictional police station till submission of final form (with certification to the Court), and cooperation with the ongoing investigation.

Issue for consideration

Whether the Petitioner is entitled to pre-arrest bail in connection with C.T. Case No.384 of 2025 (arising out of Khariar P.S. Case No.391 of 2025) for offences punishable under Sections 126(2)/296/109(1)/115(2)/351(3)/3(5) of BNS, 2023.

Court's answer

On surrendering within three weeks and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper, subject to verification that he has no criminal antecedent of a similar nature.

Ratio / Principle

If it comes to fore that the Petitioner has any criminal antecedent of similar nature, the order granting bail protection shall not be given effect to.

Key takeaways

As an additional condition, the Petitioner shall appear before the jurisdictional police station once every week on date and time fixed by the learned Court in seisin till submission of the final form, with certification of such appearance submitted to the Court in seisin.ratio¶21
The Petitioner shall cooperate with the ongoing investigation.ratio¶22

Detailed headnote1 paragraphs

Anticipatory bail (ABLAPL) - High Court of Orissa, single Bench (V. Narasingh, J.) - Petitioner sought pre-arrest bail in C.T. Case No.384 of 2025 (J.M.F.C., Khariar) arising out of Khariar P.S. Case No.391 of 2025 for offences punishable under Sections 126(2)/296/109(1)/115(2)/351(3)/3(5) of BNS, 2023 - Court, taking into account the nature of allegations and submissions of counsel, directed that on surrendering within three weeks and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper, subject to verification of criminal antecedent of not similar nature - if any similar antecedent comes to fore, the order shall not be given effect to - further conditions: weekly appearance before the jurisdictional police station till submission of final form (certification to the Court in seisin) and cooperation with the ongoing investigation - ABLAPL disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15048 of 2025

Chandra Sekhar Behera

Petitioner

Mr. B.C. Ghadei, Advocate

-versus-

State of Odisha

Opposite Party

Mr. C. Mohanty, ASC

CORAM: JUSTICE V. NARASINGH ORDER

06.01.2026

Order No.

01.

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is seeking pre-arrest bail in connection with C.T. Case No.384 of 2025 pending on the file of learned J.M.F.C., Khariar, arising out of Khariar P.S. Case No.391 of 2025 for commission of offences punishable under Section 126(2) /296 / 109(1)/ 115(2)/ 351(3) / 3(5) of BNS, 2023.

Learned counsel for the State opposes such prayer.

Taking into account the nature of allegations and submission made by the learned counsel for the Petitioner, it is directed that on surrendering within three weeks hence and moving for bail, the

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Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of criminal antecedent of not similar nature.

If it comes to fore that the Petitioner has any criminal antecedent of similar nature, this order shall not be given effect to.

Additionally, it is directed that Petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till the submission of final form. Certification of such appearance shall be submitted to the Court in seisin.

It is further stated that the Petitioner shall cooperate with the ongoing investigation. 8. Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules.

(V. NARASINGH)

Judge

Soumya

Signature Not Verified

Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 08-Jan-2026 11:06:10

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