Kunja Bihari Das @ Goi Das Vs State of Odisha

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.

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4. The prosecution case, in brief, is that on

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02.02.2026 at about 7:30 P.M., the informant lodged a

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written report alleging, inter alia, that on the same day at about 3:00 P.M., her two sons, namely Prakash Das and Nilu Das, had gone to the village pond for bathing. At that time, one Nira Das, a co-villager, without any provocation, abused her younger son Nilu Das, which was pacified by her elder son Prakash Das. Thereafter, at about 3:30 P.M., Goi Das, the present petitioner, came near the informant’s house and asked Prakash Das about the whereabouts of Nilu Das. On being told to go home, the petitioner allegedly became enraged, brought a bamboo lathi, and assaulted Nilu Das on his head, causing him to become unconscious on the spot. The informant along with her family members rushed to the spot and rescued him. Thereafter, he was immediately taken for medical treatment and, as he did not regain consciousness, he was referred to Berhampur Medical College and Hospital for further treatment. Hence, the F.I.R.

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5. Learned counsel for the petitioner submits that

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the father of the petitioner has already been admitted to regular bail. Hence, he seeks parity.

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6. Vide order dated 22.04.2026, learned counsel for the State was directed to produce the case diary. Pursuant thereto, the learned counsel for the State has produced the same, which reveals that the victim sustained multiple injuries and was admitted to the hospital, where he underwent surgery.

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7. Regard being had to the nature of allegations against the petitioner, this Court is not inclined to grant the petitioner anticipatory bail. However, it is open for the petitioner to surrender and move application for regular bail before the trial Court. It is also open for the petitioner to raise all the grounds as has been raised in this petition including the ground of parity. In the event of his surrender and motion for bail, the application for bail shall be considered by the learned trial Court on merits in accordance with law in

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the first hour of the day. In the event of rejection of the prayer for bail by the learned trial Court, the petitioner

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is at liberty to move the higher forum for bail in the second hour on the same day. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the petitioner on the same day on merits in accordance with law.

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

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(S.S. Mishra) Judge

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Swarna

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Signature Not Verified

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Digitally Signed Signed by: SWARNAPRAVA DASH Reason: Authentication Location: High Court of Orissa Date: 13-May-2026 18:13:59

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Kunja Bihari Das @ Goi Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kunja Bihari Das @ Goi Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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