Sibaram Pradhan Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2026)

Sibaram Pradhan Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2026)

What the court decided

AI extract

Outcome

Pre-arrest bail not granted; ABLAPL disposed of with direction to the petitioner to surrender before the learned court below within a fortnight and seek regular bail before learned JMFC, Sheragada (first hour), failing which to approach the Sessions Court the same day (second hour); urgent certified copy of the order ordered as per rules.

Issue for consideration

Whether pre-arrest (anticipatory) bail should be granted to the petitioner in connection with Sheragada P.S. Case No.464 of 2023 pending before learned JMFC, Sheragada, corresponding to G.R. Case No.519 (A) of 2024. +1 more

Court's answer

Notwithstanding any such statement under Section 164 Cr.P.C. (Annexure-2) and in view of the earlier order in ABLAPL No. 2372 of 2024, this Court is not inclined to consider the pre-arrest bail plea; the petitioner is instead directed to surrender before the learned court below seeking regular bail for its consideration on merit.

Ratio / Principle

If the petitioner surrenders within a fortnight and moves an application seeking bail, it shall be considered by the learned JMFC, Sheragada in connection with G.R. Case No.519 (A) of 2024 during the first hour; in the event of rejection, he shall approach the Sessions Court for orders on the same day during the second hour itself, for which purpose the relevant record shall be made available.

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, ABLAPL No. 1994 of 2026 (Sibaram Pradhan v. State of Odisha), order dated 15.04.2026, R.K. Pattanaik, J. — Anticipatory (pre-arrest) bail petition under Section 482 BNSS in Sheragada P.S. Case No.464 of 2023 / G.R. Case No.519 (A) of 2024, a Section 302 IPC case in which the chargesheet has been filed and NBWA pending execution. Although petitioner's counsel relied on a witness statement recorded under Section 164 Cr.P.C. (Annexure-2) suggesting the petitioner was not responsible for the alleged assault, and the petitioner had earlier been directed in ABLAPL No. 2372 of 2024 (disposed 08.08.2024) to surrender, the Court declined to consider the bail plea and disposed of the application directing surrender within a fortnight and an application for regular bail before learned JMFC, Sheragada (first hour); on rejection, the Sessions Court to be approached the same day (second hour), with the relevant record to be made available.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 1994 of 2026

Sibaram Pradhan

…. Petitioner

Mr. Debasnan Das, Advocate

-Versus-

State of Odisha

…. Opposite Party

Mrs. S.Mohanty,ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

Order No.

15.04.2026

Heard learned counsel for the respective parties.

Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioners in connection with Sheragada P.S. Case No.464 of 2023 pending in the file of learned JMFC, Sheragada corresponding to G.R. Case No.519 (A) of 2024 on the grounds stated.

Perused the F.I.R. as at Annexure-1. The petitioner had earlier approached this Court in ABLAPL No. 2372 of 2024 disposed of on 8th August, 2024 with a direction for him to surrender before the learned court below seeking regular bail and in case of rejection, to approach the Sessions Court. Mr. Das, learned counsel for the petitioner submits that the said order could not be availed of and in the meantime, the chargesheet is filed. A copy of the statement of a witness

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recorded under Section 164 Cr.P.C. at Annexure-2 is placed reliance on by Mr. Das, learned counsel for the petitioner to submit that it was not brought to the notice of the Court on the earlier occasion and in so far as the involvement of the petitioner is concerned, as revealed therein, he was not responsible for the alleged assault, hence, to be granted bail as in the meantime, NBWA pending execution upon such filing of the chargesheet. Recorded the objection of the State. A case under Section 302 IPC was registered and it has resulted in submission of the chargesheet. Considering the submissions of learned counsel for the respective parties in view of the earlier order in ABLAPL, a copy of which is at flag-A. notwithstanding any such statement under Section 164 Cr.P.C. i.e. Annexure-2, this Court is not inclined to be consider the bail plea, however, is of the view that the petitioner should be directed to surrender before the learned court below seeking regular bail for its consideration on merit.

4. Accordingly, it is ordered.

In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders within a fortnight from today and moves an application seeking bail, it shall be considered by the learned JMFC, Sheragada in connection with G.R. Case No.519 (A) of 2024 with all such plea being taken into consideration during the first hour and in the event of rejection, he shall approach the Sessions Court for

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kabita

orders on the same day during second hours itself and for the said purpose, the relevant record shall be made available.

Issue urgent certified copy of this order as per rules.

(R.K. Pattanaik) Judge

Signature Not Verified

Digitally Signed Signed by: KABITARANI MAJHI Reason: Authentication Location: OHC, Cuttack Date: 17-Apr-2026 12:39:05

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