Laxmidhar Malik Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Laxmidhar Malik Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted to all eight petitioners: on arrest, release by the Arresting Officer subject to verification of similar criminal antecedents, with conditions of cooperation with investigation, appearance before the I.O. as required, abstention from similar offences while on bail, and appearance before the trial Court on every date of posting; violation entails cancellation of bail. The ABLAPL was accordingly disposed of.

Issue for consideration

Whether the petitioners are entitled to pre-arrest (anticipatory) bail in connection with Bhuban P.S. Case No.95 of 2026 corresponding to G.R. Case No.90 of 2026.

Court's answer

On the court's reading of the allegation, no overt act has been specifically attributed to the present petitioners apart from their alleged active participation in the crime (the stabbing being attributed to co-accused Dinabandhu Malik).

Ratio / Principle

Having regard to the nature of the allegations and the petitioners' lack of criminal antecedents (as stated by their counsel), anticipatory bail is granted: in the event of arrest, the petitioners are to be released by the Arresting Officer subject to verification of similar criminal antecedents, on conditions that they cooperate with the investigation, appear before the I.O. as and when required, refrain from similar offences while on bail, and appear before the trial Court on each and every date of posting; violation of any condition shall entail cancellation of bail.

Detailed headnote1 paragraphs

Anticipatory bail — granted. Eight petitioners sought pre-arrest bail in Bhuban P.S. Case No.95 of 2026 / G.R. Case No.90 of 2026 (offences under Sections 126(2)/191(2)/191(3)/115(2)/351(3)/109/190 of the BNS, 2023 r/w Sections 25/27 of the Arms Act), pending before the learned J.M.F.C., Bhuban, arising from an alleged armed assault of 13.02.2026 in which co-accused Dinabandhu Malik allegedly stabbed a companion of the informant. The Court noted that no specific overt act was attributed to the petitioners beyond alleged participation in the crime, and that they had no criminal antecedents as stated by counsel. Granting anticipatory bail, the Court directed that, upon arrest, the petitioners be released by the Arresting Officer subject to verification of similar criminal antecedents, with conditions requiring cooperation with the investigation, appearance before the I.O. as and when required, abstention from similar offences while on bail, and appearance before the trial Court on each and every date of posting; violation of any condition to entail cancellation of bail. (Single Judge: S.S. Mishra; decision dated 07.05.2026.)

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2301 of 2026

1. Laxmidhar Malik

…. Petitioners

2. Alok Malik

3. Amulya Malik

4. Anil Malik

5. Ranjit Malik

6. Sanjay Malik

7. Jugal Malik

8. Uma @ Umakar Malik

Mr. Saroj Kumar Dash, Advocate -versus-

State of Odisha

…. Opposite Party

Mr. Debaraj Mohanty, AGA

CORAM: JUSTICE SIBO SANKAR MISHRA

ORDER

Order No.

02.

1. Heard.

07.05.2026

2. The petitioners are seeking pre-arrest bail in connection with Bhuban P.S. Case No.95 of 2026

corresponding to G.R. Case No.90 of 2026 registered for alleged commission of offences punishable under Sections 126(2)/191(2)/191(3)/115(2)/351(3)/109/190 of the BNS, 2023 r/w Sections 25/27 of the Arms Act,

pending in the Court of the learned J.M.F.C., Bhuban.

3. Learned counsel for the petitioners, on instruction

from the petitioners, submits that except the present bail

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application, no other bail application of the petitioners is pending in any other Court relating to the aforesaid F.I.R.

4. The allegation against the petitioners is that on 14.02.2026 at about 6.05 A.M., the complainant reported at the P.S. alleging that on 13.02.2026 at about 7.30 P.M., he along with two friends Chandan Malik and Raju Malik went to Bhuban for shopping grocery items by a motorcycle. On their way, Dinabandhu Malik and others came in a Bolero vehicle and two motorcycles and stopped them. When the complainant and his friends stopped, they abused in obscene languages and assaulted them. They were all being armed with knife, battle Axe (farsha) and sword. Dinabandhu Malik attacked to Chandan Malik by means of a knife. At that time, the complainant and another fled away from that spot. They all threatened them with dire consequences. Hence, the case.

5. As per the allegation made by the informant, the co-accused Dinabandhu Malik stabbed in his belly by a knife. So far as the present petitioners are concerned, no overt act has been attributed to them except that they

have actively participated in the crime.

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6. Learned counsel for the petitioners very

specifically submitted that none of the petitioners have any criminal antecedents.

7. Regard being had to the nature of allegations against the petitioners and since the petitioners do not have any criminal antecedents, as stated by learned counsel for the petitioners, I am inclined to grant the petitioners anticipatory bail. Accordingly, it is directed that in the event the petitioners are arrested, they shall be released by the Arresting Officer subject to the verification of similar criminal antecedents, they shall cooperate with the investigation and shall appear before the I.O. as and when their presence is required for the purpose of investigation; they shall not indulge in similar criminal offences while on bail; they shall appear before the trial Court on each and every date of posting of the case, if not presented by sufficient cause. Violation of any of the conditions shall entail cancellation of bail.

8. The ABLAPL is accordingly disposed of.

Signature Not Verified

Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 07-May-2026 18:14:50

(S.S. Mishra) Judge

Subhasis

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