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

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

What the court decided

AI extract

Outcome

Pre-arrest bail not granted; however, Petitioners directed that on surrender before the court in seisin within three weeks and application for bail, they shall be released on bail on terms deemed just and proper, subject to verification of criminal antecedents, with automatic revocation of the order if any criminal antecedent is found and cancellation of bail on violation of conditions.

Issue for consideration

Whether pre-arrest bail should be granted to the Petitioners in connection with Mangalpur P.S. Case No.379 of 2025 (C.T. Case No.2964 of 2025, S.D.J.M., Jajpur).

Court's answer

Considering the nature of allegation, gravity of offence and the surrounding facts of the case, the Judge is not inclined to grant pre-arrest bail to the Petitioners.

Ratio / Principle

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, they shall be released on bail.

Key takeaways

Upon such surrender, the Court in seisin shall release the Petitioners on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper, but subject to verification of criminal antecedent of the Petitioners.ratio¶19
If the learned court below finds that the Petitioners have any criminal antecedent, this order shall automatically stand revoked; violation of any of the terms and conditions shall entail cancellation of bail.ratio¶19

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 of B.N.S.S. — ABLAPL No.2506 of 2026, High Court of Orissa at Cuttack, order dated 22.04.2026, Justice Aditya Kumar Mohapatra: Petitioners (Bijay Kumar Behera & Ors.) sought pre-arrest bail in connection with Mangalpur P.S. Case No.379 of 2025, corresponding to C.T. Case No.2964 of 2025, pending before learned S.D.J.M., Jajpur, for alleged offences punishable under Section 115(2), 296, 74, 351(2) & Sec. 3(5) of B.N.S. Considering the nature of allegation, gravity of offence and surrounding facts, the Court was not inclined to grant pre-arrest bail; instead, it directed that if the Petitioners surrender before the court in seisin within three weeks and apply for bail, they shall be released on bail on such terms and conditions as deemed just and proper, subject to verification of their criminal antecedents. The order automatically stands revoked if any criminal antecedent is found by the court below, and violation of the terms and conditions shall entail cancellation of bail. The ABLAPL was accordingly disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2506 of 2026

Bijay Kumar Behera & Ors.

..... Petitioners

Represented by Adv. - Amlan Mohanty

-versus-

State of Odisha

..... Opposite Party

Represented by Adv. - Mr. A.Mohanty, A.S.C.

CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

22.04.2026

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 Mangalpur P.S. Case No.379 of 2025, corresponding to C.T. Case No.2964 of 2025, pending in the court of learned S.D.J.M., Jajpur, for alleged commission of offence punishable under Section 115(2), 296, 74, 351(2) & Sec. 3(5) of B.N.S.

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 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: 24-Apr-2026 10:44:40