Alok Behera @ Sotesh Behera Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Alok Behera @ Sotesh Behera Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted to all four petitioners: upon arrest, they are to be released by the Arresting Officer subject to verification of the nature of injuries, and conditioned on cooperation with the investigation, appearance before the I.O. as required, abstention from similar offences while on bail, and appearance before the trial Court on each posting date; violation of any condition shall entail cancellation of bail. The ABLAPL was accordingly disposed of.

Issue for consideration

Whether the petitioners are entitled to anticipatory (pre-arrest) bail in connection with Brahmagiri P.S. Case No.52 of 2026 / G.R. Case No.60 of 2026 involving offences under Sections 115(2)/118(2)/126(2)/296/3(5)/324(2)/333/74 of the BNS, 2023. +1 more

Court's answer

Having regard to the nature of allegations against the petitioners and that the injuries sustained by the injured are simple in nature, anticipatory bail is granted to the petitioners.

Ratio / Principle

If arrested, the petitioners are to be released by the Arresting Officer subject to verification of the nature of injuries, and are directed to cooperate with the investigation, appear before the I.O. as and when required, refrain from similar criminal offences while on bail, and appear before the trial Court on each date of posting; violation of any condition shall entail cancellation of bail.

Key takeaways

Finding that the injuries sustained by the injured (Bibhu Behera) are simple in nature, notwithstanding the treating doctor's advice to consult the Surgery Department, which the injured declined in writing.ratio¶28

Detailed headnote1 paragraphs

Anticipatory Bail — Pre-arrest bail granted to four petitioners (Alok Behera @ Sotesh Behera, Dilip Behera, Purna @ Purna Chandra Behera and Goldy @ Ladu Behera) in connection with Brahmagiri P.S. Case No.52 of 2026 / G.R. Case No.60 of 2026, registered for offences punishable under Sections 115(2)/118(2)/126(2)/296/3(5)/324(2)/333/74 of the BNS, 2023, pending before the learned J.M.F.C., Brahmagiri. The injury report of the injured, Bibhu Behera, showed the injuries to be simple in nature despite medical advice to consult the Surgery Department at D.H.H., Puri, which the injured declined in writing. Granting anticipatory bail, the Court directed that on arrest the petitioners be released by the Arresting Officer subject to verification of the nature of injuries, and imposed conditions of cooperation with the investigation, appearance before the I.O. and the trial Court on each posting, and abstention from similar offences, failing which the bail would be cancelled. (High Court of Orissa at Cuttack, Sibo Sankar Mishra, J.; order dated 05.05.2026)

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2708 of 2026

1. Alok Behera @ …. Petitioner(s) Sotesh Behera

2. Dilip Behera

3. Purna @ Purna Chandra Behera

4. Goldy @ Ladu Behera

Mr. P.K. Panda, Advocate

-versus-

State of Odisha

…. Opposite Party(s)

Mr. Debaraj Mohanty, AGA

CORAM: JUSTICE SIBO SANKAR MISHRA

ORDER

Order No.

03.

1. Heard.

05.05.2026

2. The petitioners are seeking pre-arrest bail in

connection with Brahmagiri P.S. Case No.52 of 2026 corresponding to G.R. Case No.60 of 2026 registered for alleged commission of offences punishable under Sections 115(2)/118(2)/126(2)/296/3(5)/324(2)/333/74 of the BNS, 2023, pending in the Court of the learned J.M.F.C., Brahmagiri.

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 06.02.2026, the complainant reported at the P.S. that at about 9 a.m., when the nephew of the complainant was playing Volleyball at the playground, at that time, accused Rohit Jali along with some others conjointly and wrongfully restrained him with intention to cause criminal hurt and abused him in obscene language. By seeing the accused persons abusing his nephew, immediately the complainant came to the playground. The accused persons entered into the house of the complainant, outraged the modesty of his wife, destroyed the household articles and caused grievous hurt to him. Hence, the case.

5. Learned counsel for the State has placed the injury report of Bibhu Behera before this Court, which indicates that the injuries sustained by the injured are simple in nature. However, the treating doctor has advised the injured to consult the Surgery Department at D.H.H., Puri for further management. On the last date of

hearing, the learned State counsel was directed to obtain

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instruction as to whether the injured has already consulted with the Surgery Department or not and to verify as to whether the injuries are grievous or simple. On instruction State Counsel submits that the injured Bibhu Behera, despite advice of the doctor, refused to consult with any Surgery Department and also given in writing regarding the same. But the record reveals that injuries sustained by the injured are simple in nature.

6. Regard being had to the nature of allegations against the petitioners and the injuries sustained by the injured are simple in nature, 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 the nature of injuries, 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.

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7. The ABLAPL is accordingly 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

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