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Sraban Bhoi Vs State of Odisha — Orissa HC (2026) — LawSathi Research

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Orissa HC
2026
Sraban Bhoi Vs State of OdishaSraban Bhoi v. State of Odisha

Disposed¶7

Sraban Bhoi v. State of Odisha

Orissa HC5 May 2026ABLAPL/2673/2026

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack; ABLAPL No.2673 of 2026; Sraban Bhoi v. State of Odisha; Coram: Justice Sibo Sankar Mishra; decided 05.05.2026. Anticipatory bail (pre-arrest bail) sought in Kandarpur P.S. Case No.28 of 2026 / G.R. Case No.259 of 2026 under Sections 109/115(2)/126(2)/296/351(2) BNS 2023, alleging restraint, abuse, taking of Rs.2,000/-, assault and sword attack (14.02.2026). Anticipatory bail refused due to petitioner's four criminal antecedents; liberty to surrender and seek regular bail with same-day consideration on merit; ABLAPL disposed of. Petitioner's counsel: Sapan Kumar Lenka; State counsel: Debaraj Mohanty, AGA. No precedents cited.

What did the court decide?

Anticipatory bail declined in view of the petitioner's criminal antecedents; liberty granted to surrender before the trial Court and move for regular bail, which is to be considered and decided on the same day on its merit; with these observations the ABLAPL is disposed of.

Why is it important?

In view of the criminal antecedents of the petitioner (four antecedents pointed out by the State), the Court is not inclined to grant anticipatory bail to the petitioner. ¶7

What the court decided

AI extract

Outcome

Anticipatory bail declined in view of the petitioner's criminal antecedents; liberty granted to surrender before the trial Court and move for regular bail, which is to be considered and decided on the same day on its merit; with these observations the ABLAPL is disposed of.

Issue for consideration

Whether the petitioner is entitled to pre-arrest bail (anticipatory bail) in connection with Kandarpur P.S. Case No.28 of 2026 corresponding to G.R. Case No.259 of 2026 for alleged offences punishable under Sections 109/115(2)/126(2)/296/351(2) of the BNS, 2023. +1 more

Court's answer

In view of the criminal antecedents of the petitioner (four antecedents pointed out by the State), the Court is not inclined to grant anticipatory bail to the petitioner.

Ratio / Principle

It is open to the petitioner to surrender before the trial Court and move for regular bail.

Key takeaways

If such regular bail application is moved before the Court below, it shall be considered and decided by the Courts below on its merit on the same day.ratio¶7

Detailed headnote1 paragraphs

Anticipatory bail - ABLAPL No.2673 of 2026, High Court of Orissa at Cuttack (Sibo Sankar Mishra, J.), decided 05.05.2026 - Petitioner sought pre-arrest bail in Kandarpur P.S. Case No.28 of 2026 / G.R. Case No.259 of 2026 for offences punishable under Sections 109/115(2)/126(2)/296/351(2) of the BNS, 2023, pending before the learned J.M.F.C.(II), Cuttack, arising out of an allegation of restraint, abuse, taking away of Rs.2,000/-, assault and sword attack on the complainant - State pointed out four criminal antecedents of the petitioner - Held, in view of the criminal antecedents, anticipatory bail declined; petitioner at liberty to surrender before the trial Court and move for regular bail, to be considered and decided on the same day on its merit - ABLAPL disposed of.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2673 of 2026

Sraban Bhoi

Petitioner(s)

Mr. Sapan Kumar Lenka, Advocate -versus-

State of Odisha

…. Opposite Party(s)

Mr. Debaraj Mohanty, AGA

CORAM: JUSTICE SIBO SANKAR MISHRA

ORDER

Order No.

02.

1. Heard.

05.05.2026

2. The petitioner is seeking pre-arrest bail in connection with Kandarpur P.S. Case No.28 of 2026 corresponding to G.R. Case No.259 of 2026 registered for alleged commission of offences punishable under Sections 109/115(2)/126(2)/296/351(2) of the BNS, 2023, pending in the Court of the learned J.M.F.C.(II), Cuttack.

3. Learned counsel for the petitioner, on instruction from the petitioner, submits that except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.

Page 1 of 3

4. On 14.02.2026 at about 11.36 P.M., the

complainant reported at the P.S. that on the same day at about 7.30 P.M., when he was going to Paramahansa Market to purchase fruits and other articles, on his way near Muslim Sahi, the petitioner restrained his way, abused him in filthy language and forcefully took away the amount of Rs.2,000/- from his pocket. When

the complainant objected the same, the petitioner threatened him with dire consequences. He also assaulted the complainant severely as a result of which he sustained bleeding injury on his right hand finger. The petitioner was equipped with a sword and attacked him with an intention to kill him. Hence, the case.

5. Learned counsel for the petitioner, by pointing out the allegation made in the F.I.R., submits that the injuries sustained by the injured are on his right-hand fingertip, which is simple in nature as per has instruction. Therefore, the petitioner is entitled anticipatory bail.

Page 2 of 3

6. Learned counsel for the State, on the other hand, pointed out that the petitioner is having four criminal antecedents.

7. In view of the criminal antecedents of the petitioner, I am not inclined to grant anticipatory bail to the petitioner. However, it is open for the petitioner to surrender before the trial Court and move for regular bail application. If such regular bail application is moved by the petitioner before the Court below, the same shall be considered and decided by the Courts below on its merit on the same day.

8. With the aforementioned observation, the ABLAPL is disposed of.

(S.S. Mishra) Judge

Subhasis

Signature Not Verified

Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: HIgh Court of Orissa, Cuttack. Date: 05-May-2026 18:26:36

Page 3 of 3

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the petitioner is entitled to pre-arrest bail (anticipatory bail) in connection with Kandarpur P.S. Case No.28 of 2026 corresponding to G.R. Case No.259 of 2026 for alleged offences punishable under Sections 109/115(2)/126(2)/296/351(2) of the BNS, 2023.¶2
The court held
In view of the criminal antecedents of the petitioner (four antecedents pointed out by the State), the Court is not inclined to grant anticipatory bail to the petitioner.ratio¶7
2.
Whether the petitioner's criminal antecedents disentitle him to the grant of anticipatory bail.medium confidence¶6

Statutes considered

1 provisions across 1 enactments

AI extract

Bharatiya Nyaya Sanhita, 2023109, 115(2), 126(2), 296, 351(2)¶2

Procedural history

How this case reached the court

AI extract

Prior proceeding
Registration of F.I.R. as Kandarpur P.S. Case No.28 of 2026 corresponding to G.R. Case No.259 of 2026 for offences punishable under Sections 109/115(2)/126(2)/296/351(2) of the BNS, 2023, pending in the Court of the learned J.M.F.C.(II), Cuttack.¶2
Prior proceeding
F.I.R. allegation: on 14.02.2026 at about 7.30 P.M. the petitioner allegedly restrained the complainant near Muslim Sahi, abused him, forcefully took away Rs.2,000/- from his pocket, assaulted him causing a bleeding injury on his right hand finger, and attacked him with a sword with an intention to kill him.¶4
Prior proceeding
Learned counsel for the petitioner, on instruction, submitted that except the present bail application no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.¶3
Prior proceeding
Learned counsel for the State pointed out that the petitioner is having four criminal antecedents.¶6

Parties & counsel

AI extract

petitioner
Sraban Bhoi¶cause-title
Sapan Kumar Lenka
respondent
State of Odisha¶cause-title
Debaraj Mohanty

Coram

AI extract

Sibo Sankar Mishraauthor¶coram

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 5 May 2026 · May
Registered: 27 Feb 2026
Case no.: ABLAPL/2673/2026
CNR: ODHC010144542026
Bench: Sibo Sankar Mishra
Disposal: Disposed Off
Case type: ABLAPL

All orders in this case

2 orders share this CNR

22 Apr 2026Order 1 · Sibo Sankar Mishra
5 May 2026Order 2 — this page · Sibo Sankar Mishra

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Cite this judgement

Sraban Bhoi v. State of Odisha, ABLAPL/2673/2026 (OD), decided on 5 May 2026.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Bharatiya Nyaya Sanhita, 2023109, 115(2), 126(2), 296, 351(2)

View all statutes

Procedural history4

Registration of F.I.R. as Kandarpur P.S. Case No.28 of 2026 corresponding to G.R. Case No.259 of 2026 for offences punishable under Sections 109/115(2)/126(2)/296/351(2) of the BNS, 2023, pending in the Court of the learned J.M.F.C.(II), Cuttack.
F.I.R. allegation: on 14.02.2026 at about 7.30 P.M. the petitioner allegedly restrained the complainant near Muslim Sahi, abused him, forcefully took away Rs.2,000/- from his pocket, assaulted him causing a bleeding injury on his right hand finger, and attacked him with a sword with an intention to kill him.

View full history

Bench / Coram

Sibo Sankar Mishra

Parties & counsel