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Prem @ Kalia Nath v. State of Odisha

Orissa HC25 Feb 2026ABLAPL/180/2026

Case brief

AI extract

What is this about?

Pre-arrest bail denied; anticipatory bail application under Section 482 BNSS disposed with direction to surrender and seek regular bail; arson/fire mischief case under Section 326(g) BNS, Baliapanda P.S. Case No.96 of 2025, G.R. Case No.436 of 2025, S.D.J.M. Puri; witness statement under Section 180 BNSS (Khitishree Mohanty) surfaced petitioner's name during investigation; first-hour disposal of bail application; Sessions Court fallback; case diary to be made available.

What did the court decide?

Pre-arrest bail refused; petitioner directed to surrender within a fortnight before the learned court below and apply for regular bail, to be disposed of by the learned S.D.J.M., Puri in the first hour, with liberty to approach the Sessions Court upon rejection; courts below to consider all pleas advanced with the case diary made available the same day.

Prem @ Kalia Nath Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to pre-arrest (anticipatory) bail under Section 482 BNSS in connection with Baliapanda P.S. Case No.96 of 2025 / G.R. Case No.436 of 2025 pending before the learned S.D.J.M., Puri.

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Court's answer

This Court held that it is not a case for pre-arrest bail; the petitioner was instead directed to surrender before the learned court below and seek regular bail.

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Ratio / Principle

If the petitioner surrenders within a fortnight and moves an application for bail, it shall be disposed of by the learned S.D.J.M., Puri during the first hour; in case of rejection, the petitioner may approach the Sessions Court.

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Key takeaways

All pleas advanced in the present petition shall be considered by the learned courts below while dealing with the applications for bail, and for that purpose the case diary and other relevant papers shall be made available in course of the day.ratio¶16

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, ABLAPL No.180 of 2026 (R.K. Pattanaik, J.), order dated 25.02.2026: Anticipatory-bail petition under Section 482 BNSS in Baliapanda P.S. Case No.96 of 2025 / G.R. Case No.436 of 2025 (registered under Section 326(g) BNS with other offences) alleging the informant's house was set ablaze. As the petitioner's name surfaced during investigation through statements of witnesses including Khitishree Mohanty (recorded under Section 180 BNSS), the Court declined pre-arrest bail and directed surrender within a fortnight; the regular-bail application is to be disposed of by the learned S.D.J.M., Puri in the first hour, failing which the petitioner may approach the Sessions Court; all pleas advanced are to be considered by the courts below with the case diary made available the same day. ABLAPL disposed.

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.180 of 2026

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Prem@Kalia Nath …. Petitioner Mr. M. Banerjee, Advocate

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-Versus-

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State of Odisha

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…. Opposite Party Mr. S.Panda, ASC

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CORAM:

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MR. JUSTICE R.K. PATTANAIK

ORDER

25.02.2026

Order No.

Heard learned counsel for the respective parties.

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Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Baliapanda P.S. Case No.96 of 2025 corresponding to G.R. Case No.436 of 2025 pending in the court of learned S.D.J.M., Puri on the grounds stated.

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Perused the F.I.R. at Annexure-1. A case under Section 326(g) BNS with other offences is registered. The allegation is that the house of the informant was set ablaze. Learned counsel for the petitioner submits that the accused is not involved but he is alleged to have instigated others to commit the crime but referring to a statement of one of the witnesses, namely, Khitishree Mohanty recorded under Section 180 BNSS, copy of which is produced along with the case diary, it claimed by learned counsel for the State that the petitioner is primarily responsible for the alleged mischief. The Court finds that fence

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of the spot house and other vehicles have been gutted in fire because of the alleged mischief. Considering the above facts and submissions of the learned counsel for the respective parties and since the name of the petitioner has surfaced during investigation with revelation made by the witness, namely, Khitishree Mohanty and others, this Court is of the view that it is not a case for pre-arrest bail, however, the petitioner should be directed to surrender before the learned court below seeking regular bail. Accordingly, it is ordered. In the event, the petitioner surrenders within a fortnight and moves an application for bail, shall be disposed of by the learned S.D.J.M., Puri during the first hour and in case of rejection, to approach the Sessions Court. All such plea as has been advanced as present shall be considered by the learned courts below while dealing with the applications for bail and for the said purpose, the case diary and other relevant papers shall be made available in course of the day.

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4. Consequently, the ABLAPL is disposed.

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