Krushna Behera @ Krushna Chandra Behera Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

Krushna Behera @ Krushna Chandra Behera Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

What the court decided

AI extract

Outcome

Conditional release on bail upon surrender before learned S.D.J.M., Athagarh within a fortnight, subject to a bail bond of Rs.30,000/- each with one solvent surety for the like amount, fortnightly attendance at the police station and reporting to the I.O. until investigation concludes, an undertaking not to harm the injured, informant or witnesses, with liberty to the court below to impose further suitable conditions.

Issue for consideration

Whether the petitioners should be granted pre-arrest bail under Section 482 BNSS in connection with Khuntuni P.S. Case No.278 of 2025 / C.T. Case No.952 of 2025 pending before learned S.D.J.M., Athagarh.

Court's answer

The Court was not inclined to grant pre-arrest bail to the petitioners, but directed that they be released on bail upon their surrender before the court concerned, with stringent conditions imposed.

Ratio / Principle

On a reading of the FIR at Annexure-1, the petitioners and other accused persons, along with 10 to 15 others, were found to have obstructed, abused and then assaulted the injured with Katuri and Tangia; the medical examination report did not reveal grievous injury (sharp cut injury on the head, a laceration but simple in nature); the incident was connected with Rs.30,000 claimed to have been refunded to the petitioners; the State objected that the injury was caused on a vital part of the body. Weighing these facts, the Court declined pre-arrest bail but ordered conditional release on surrender.

Key takeaways

Directed that petitioners surrendering before learned S.D.J.M., Athagarh within a fortnight shall be released on bail in connection with Khuntuni P.S. Case No.278 of 2025 / C.T. Case No.952 of 2025 upon furnishing a bail bond of Rs.30,000/- each with one solvent surety for the like amount, attending the concerned police station once a fortnight and reporting to the I.O. until investigation is over, and furnishing an undertaking not to harm the injured, the informant or other witnesses; the court below may impose such other suitable conditions as deemed just and proper.ratio¶46

Detailed headnote1 paragraphs

Common order of R.K. Pattanaik, J. (03.02.2026) disposing ABLAPL Nos. 154, 158, 204 & 781 of 2026 — petitions under Section 482 BNSS for pre-arrest bail in connection with Khuntuni P.S. Case No.278 of 2025 corresponding to C.T. Case No.952 of 2025 pending before learned S.D.J.M., Athagarh. The FIR (Annexure-1) recorded that the petitioners, with other accused persons and 10 to 15 others, obstructed, abused and then assaulted the injured, Sanjaya Rout, with Katuri and Tangia, the incident being connected with Rs.30,000 claimed to have been refunded to the petitioners. The medical examination report showed a sharp cut injury on the head — a laceration, simple in nature, not grievous — while the State objected that the injury was caused on a vital part of the body. The Court was not inclined to grant pre-arrest bail but directed release on bail upon surrender before learned S.D.J.M., Athagarh within a fortnight, upon a bail bond of Rs.30,000/- each with one solvent surety for the like amount, attendance at the concerned police station once a fortnight and reporting to the I.O. until investigation is over, an undertaking not to harm the injured, informant or witnesses, leaving imposition of other suitable conditions to the court below.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.154 of 2026

Krushna Behera @ Krushna Chandra Behera & others

…. Petitioners

Mr. Yuvraj Parekh, Advocate

-Versus-

State of Odisha & another

…. Opposite Parties

ABLAPL No.158 of 2026

Manas Behera @ Manas Chandra Behera

…. Petitioner

Mr. Yuvraj Parekh, Advocate

-Versus-

State of Odisha & another

…. Opposite Parties

ABLAPL No.204 of 2026

Jumar Rout & another …. Petitioners

-Versus-

State of Odisha …. Opposite Party

Mr. S.K. Lenka, ASC

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And

ABLAPL No.781 of 2026

Sidhanta Kumar Rout

…. Petitioner

Mr. J. Dash, Advocate

-Versus-

State of Odisha

…. Opposite Party

Mr. S.K. Lenka, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

03.02.2026

Order No.

All the ABLAPLs are disposed of by the following common order.

Heard learned counsels for the petitioners and Mr. Lenka, learned ASC for the State.

Instant petitions under Section 482 BNSS are filed for pre-arrest bail of the petitioners in connection with Khuntuni P.S. Case No.278 of 2025 corresponding to C.T. Case No.952 of 2025 pending in the file of learned S.D.J.M., Athagarh on the grounds stated therein.

The medical examination report is produced by the learned counsel for the State in respect of the injured, namely, Sanjaya Rout and the same is gone through and it reveals that the injured suffered sharp cut injury on his head and is a

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laceration but simple in nature. It is submitted by the learned counsel for the petitioners that there is no specific overt act alleged in the FIR. On a reading of the FIR at Annexure-1, it is made to reveal that the petitioners and other accused persons with 10 to 15 others obstructed and abused and then assaulted the injured with Katuri, Tangia and committed such other mischief. The medical examination report does not reveal that the injury is grievous. The incident, as revealed from the FIR at Annexure-1, was in connection with an amount of Rs.30,000/claimed to have been refunded to the petitioners. It is claimed that none of the petitioners is having any past incidents. Considering the above facts and the medial examination report with simple injury on the person of the injured and recording the objection of the State to the effect that such injury was caused on the vital part of the body, this Court though not inclined to grant pre-arrest bail to the petitioners but is of the view that they should be directed to be released on bail upon their surrender before the court concerned with stringent conditions imposed.

Accordingly, it is ordered.

In the result, ABLAPLs stand disposed of with the direction as aforesaid. It is further directed that in the event, the petitioners surrender before the court of learned S.D.J.M., Athagarh within a fortnight from today, they shall be released on bail in connection with Khuntuni P.S. Case No.278 of 2025 corresponding to C.T. Case No.952 of 2025 subject to them

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furnishing a bail bond of Rs.30,000/- (Rupees thirty thousand) each with one solvent surety for the like amount each to the satisfaction of the learned court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, all of them shall attend the P.S. concerned once in a fortnight and to report the I.O. for the purpose of investigation and to continue to do so, till the same is over and to furnish an undertaking not to cause any harm to the injured and the informant and also other witnesses connected to the case, in any manner whatsoever, while on bail.

Issue urgent certified copy as per rules.

(R.K. Pattanaik) Judge

Alok

Signature Not Verified

Digitally Signed Signed by: ALOK RANJAN SETHY Reason: Authentication Location: ORISSA HIGH COURT Date: 05-Feb-2026 11:14:03

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