Amarnath Behera Vs State of Odisha

2. The petitioners are seeking pre-arrest bail in connection with Kabisuryanagar P.S. Case No.03 of 2026 corresponding to G.R. Case no.03 of 2026 registered on the allegation of the of offences under Sections 109(1)/115(2)/126(2)/118(1)/74/351(2)/3(5) of B.N.S., 2023 pending in the Court of the learned J.M.F.C., Kabisuryanagar, Ganjam.

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3. Learned counsel for the petitioners, on instruction from the petitioners, submits that, except the present bail application, no other bail application of

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the petitioners are 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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02.01.2026 at about 2:15 P.M., the informant lodged a written report, inter alia, alleging therein that on 01.01.2026 at about 7:00 P.M., while he along with his sister, mother, and one Santosh Behera were present

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in their house, his co-villagers, namely Amarnath Behera and Manoj Behera, came there and attempted to open the lock of the house. When the informant objected to the same, he proceeded towards his house through the roof of a neighbouring house and tried to open the locker. At that time, accused Amarnath Behera allegedly abused the informant and his family members and assaulted the informant on his head by means of a billhook with an intention to kill him. It is further alleged that accused Manoj Kumar Behera and Krushna Behera assaulted him on his left hand, as a result of which he sustained injuries on his head and left hand. The informant further alleged that when his

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mother and sister attempted to rescue him from the

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clutches of the accused persons, the accused persons dragged their clothes, threatened to kill them, and also assaulted his brother by means of a wooden plank. Upon hearing their cries for help, villagers rushed to the spot to rescue them; however, the accused persons also threatened the villagers with dire consequences. Thereafter, with the assistance of the local police and the 108 Ambulance service, the injured persons were shifted to Hinjili Cut Medical for treatment. Hence, the F.I.R.

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5. Vide order dated 22.04.2026, learned counsel for the State was directed to obtain the case diary. Pursuant thereto, learned counsel for the State has produced the case diary.

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6. Regard being had to the submission made by the parties and allegation made against the petitioners, this Court is not inclined to grant the petitioners anticipatory bail. However, it is open for the petitioners to surrender and move application for regular bail before the trial Court. In the event the petitioners surrender and move application for bail, it is expected

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that the learned Court s below shall decide the bail

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application on the same day.

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

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(S.S. Mishra) Judge

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Swarna