Bharati Behera Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

Bharati Behera Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

What the court decided

AI extract

Outcome

Pre-arrest bail declined; conditional direction that if the Petitioners surrender before the Court in seisin within three weeks and move an application for bail, that Court shall release them on bail on terms it deems just and proper, subject to verification of criminal antecedents; the order automatically revokes if similar antecedents are found, and violation of any term entails cancellation of bail.

Issue for consideration

Whether pre-arrest bail under Section 482 B.N.S.S. should be granted to the Petitioners in connection with 1.C.C. Case No.13 of 2025 (pending before J.M.F.C., Bhapur) for alleged offences punishable under Sections 331(3)(5), 74, 76, 115(2), 351(2)(3), 324(4)(5), 305, 296 and 3(5) BNS.

Court's answer

Pre-arrest bail is refused: considering the nature of allegation, gravity of offence and the surrounding facts of the case, the Court is not inclined to grant pre-arrest bail to the Petitioners.

Ratio / Principle

The Petitioners are directed to surrender before the Court in seisin over the matter within a period of three weeks from the date of the order and to move an application for bail.

Key takeaways

On such surrender, the Court in seisin shall release the Petitioners on bail in connection with 1.C.C. Case No.13 of 2025 on such terms and conditions as it deems just and proper, subject to verification of their criminal antecedents.ratio¶19
If the learned court below finds that the Petitioners have any similar criminal antecedent, this order shall automatically stand revoked.ratio¶19

Detailed headnote1 paragraphs

ABLAPL No.2229 of 2026 (Bharati Behera & Ors. v. State of Odisha & Anr.), High Court of Orissa at Cuttack, order dated 21.04.2026 (Aditya Kumar Mohapatra, J.): Anticipatory bail application under Section 482 B.N.S.S. in connection with 1.C.C. Case No.13 of 2025 pending before J.M.F.C., Bhapur, for alleged offences under Sections 331(3)(5), 74, 76, 115(2), 351(2)(3), 324(4)(5), 305, 296 and 3(5) BNS. Pre-arrest bail refused considering the nature of allegation, gravity of offence and surrounding facts; instead, Petitioners directed to surrender within three weeks and apply for bail, whereupon the Court in seisin shall release them on bail subject to verification of criminal antecedents; automatic revocation if similar antecedents are found; violation of terms entails cancellation. Application disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2229 of 2026

Bharati Behera & Ors.

..... Petitioners

Represented by Adv. - Pranay Kumar Maharaj

-versus-

State of Odisha & Anr.

..... Opposite Parties

Represented by Adv. - Mr. S.Behera, A.G.A.

CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

21.04.2026

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode).

Heard learned counsel for the Petitioners and learned Additional Standing Counsel appearing for the Opposite Party-State.

The present application has been filed under Section 482 of B.N.S.S. by the Petitioners seeking pre-arrest bail in connection with 1.C.C. Case No.13 of 2025, pending in the court of learned J.M.F.C. Bhapur, for alleged commission of offence punishable under Section 331 (3) (5), 74, 76, 115 (2), 351 (2) (3), 324 (4) (5), 305, 296, 3 (5) of BNS.

Considering the nature of allegation, gravity of offence and the surrounding facts of the case, I am not inclined to grant pre-arrest bail to the Petitioners. However, it is directed that in the event the Petitioners surrender before the Court in seisin over the matter within a period of three weeks from today and move an application for bail,

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the Court in seisin over the matter shall release them on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent of the Petitioners. In the event it is found by the learned court below that the Petitioners are having any similar criminal antecedent, then this order shall automatically stand revoked. Violation of any of the terms and conditions shall entail cancellation of bail.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

(Aditya Kumar Mohapatra)

Judge

Rubi

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Signature Not Verified

Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: OHC Date: 23-Apr-2026 11:20:17