Sekh Anwar Hossen Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

Sekh Anwar Hossen Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

What the court decided

AI extract

Outcome

Liberty to surrender before the court in seisin within 21 working days and move for bail, with directions that the Magistrate consider the application in the first hour strictly on the materials on record and, on rejection, the higher forum dispose of it the same day in the second hour maintaining parity if applicable; case diary to be made available on surrender upon prior application, and records transmissible to the higher forum at the Petitioners' cost.

Issue for consideration

Whether anticipatory bail under Section 482 of the B.N.S.S., 2023 should be granted to the Petitioners in respect of the offences charged under the BNS and Sections 25 & 27 of the Arms Act in G.R. Case No.2729 of 2025.

Court's answer

The Petitioners did not press the anticipatory bail application and sought liberty to surrender before the court below and apply for bail; the Court granted them liberty to surrender before the learned court in seisin over the matter within 21 working days and move for bail.

Ratio / Principle

On such surrender, the learned Magistrate seized of the case shall consider the Petitioners' application for bail in the first hour strictly on the basis of the materials on record.

Key takeaways

In case of rejection of the bail application by the Magistrate, the Petitioners may move for bail before the higher forum in the second hour.ratio¶19
The higher forum shall consider and dispose of the Petitioners' bail application the same day strictly on the basis of the materials on record, maintaining the principles of parity, if applicable.ratio¶19
The case diary shall be made available on the date of surrender upon an application filed by the Petitioners prior to surrender along with a copy of the order; records shall be transmitted to the higher forum at the cost of the Petitioners, if applied for.

Detailed headnote1 paragraphs

ABLAPL No.2779 of 2026, High Court of Orissa at Cuttack (order dated 12.06.2026, Hon'ble Mr. Justice Aditya Kumar Mohapatra, Vacation Judge): Anticipatory bail application under Section 482 of the B.N.S.S., 2023 by Sekh Anwar Hossen & Anr. concerning offences punishable under enumerated sections of the BNS and Sections 25 & 27 of the Arms Act in G.R. Case No.2729 of 2025 before the learned S.D.J.M., Angul, arising out of Angul P.S. Case No.1182 of 2025. The Petitioners did not press the application; the Court disposed of it, granting liberty to surrender within 21 working days and apply for bail, directing first-hour consideration of the bail application by the Magistrate strictly on the materials on record and, on rejection, same-day disposal by the higher forum in the second hour maintaining the principles of parity if applicable, with the case diary to be made available on surrender and records transmissible to the higher forum at the Petitioners' cost.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2779 of 2026

Sekh Anwar Hossen & Anr. ..... Petitioners

Represented by Adv. – Akshaya Kumar Subudhi

-versus-

State of Odisha

..... Opposite Party

Represented by Adv. – Mr. U.C. Jena, ASC

CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

12.06.2026

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 for the State. Perused the Anticipatory Bail Application as well as the F.I.R.

This is an application under Section 482 of the B.N.S.S., 2023 filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 308(3), 296, 126(2), 109(1), 1I7(2), 351(2), 118(2) & 3(5) of the BNS read with section 25 & 27 of the Arms Act in G.R. Case No.2729 of 2025 in the Court of learned S.D.J.M, Angul arising out of Angul P.S. Case No.1182 of 2025.

Learned counsel for the Petitioners at this juncture submitted that the Petitioners do not want to press this application and seek liberty to surrender before the court below and move an application

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for bail.

Considering such submissions, the Petitioners are given liberty to surrender before the learned court in seisin over the matter in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider their application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioners may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioners the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.

The case diary be made available on the date of surrender on an application being filed by the Petitioners prior to their date of surrender along with a copy of today’s order. Records be transmitted to the higher forum at the cost of the Petitioners, if applied for.

The ABLAPL is disposed of accordingly.

Urgent certified copy of this order be granted as per rules.

( A.K. Mohapatra) Vacation Judge

Suchitra

Signature Not Verified

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Digitally Signed Signed by: SUCHITRA BEHERA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 13-Jun-2026 17:46:20