Suman Samal Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

Suman Samal Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail refused. Liberty granted to the Petitioner to surrender before the learned court in seisin within 21 working days and move for bail; the Magistrate to consider the application in the first hour strictly on the materials on record; if rejected, the Petitioner may move the higher forum in the second hour, which shall dispose of the application the same day maintaining parity if applicable. Case diary to be made available to the concerned courts; records to be transmitted to the higher forum at the cost of the Petitioner, if applied for.

Issue for consideration

Whether anticipatory bail should be granted to the Petitioner under Section 482 B.N.S.S in respect of the offences punishable under Sections 126(2)/296/115(2)/117(2)/109/324(4)/351(2)/76/79/3(5) BNS charged in G.R Case No.312 of 2025 (JMFC, Bhapur) arising out of Fategarh P.S Case No.327 of 2025.

Court's answer

The Court is not inclined to grant anticipatory bail to the Petitioner.

Ratio / Principle

On the submission of learned counsel, the Petitioner is given liberty to surrender before the learned court in seisin over the matter within 21 working days and move for bail.

Key takeaways

On surrender, the learned Magistrate shall consider the Petitioner's bail application in the first hour strictly on the basis of the materials on record.ratio¶21
If the bail application is rejected, the Petitioner may move for bail before the higher forum in the second hour, which shall consider and dispose of the application on the same day strictly on the basis of the materials on record, maintaining the principles of parity if applicable.ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail refused — Suman Samal v. State Of Odisha, ABLAPL No.2810 of 2026 (High Court of Orissa at Cuttack; Aditya Kumar Mohapatra, J.; 23.04.2026). Application under Section 482 of B.N.S.S for anticipatory bail for offences punishable under Sections 126(2)/296/115(2)/117(2)/109/324(4)/351(2)/76/79/3(5) of BNS in G.R Case No.312 of 2025 of the Court of learned JMFC, Bhapur, arising out of Fategarh P.S Case No.327 of 2025. The Court was not inclined to grant anticipatory bail; however, the Petitioner was given liberty to surrender before the learned court in seisin within 21 working days and move for bail. The learned Magistrate is to consider the bail application in the first hour strictly on the materials on record; in case of rejection, the Petitioner may move the higher forum in the second hour, which is to consider and dispose of the application the same day strictly on the materials on record, maintaining the principles of parity if applicable. Case diary to be made available to the concerned courts; records to be transmitted to the higher forum at the Petitioner's cost, if applied for. The ABLAPL was disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2810 of 2026

Suman Samal

.....

Petitioner

Represented by Adv. - Amitav Tripathy

-versus-

State Of Odisha

..... Opposite Party

Represented by Adv. –

Mr. C.M. Singh, ASC

CORAM:

MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

23.04.2026

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the Petitioner and learned Additional Standing Counsel for the State. Perused the records.

This is an application under Section 482 of B.N.S.S filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 126(2)/ 296/ 115(2)/ 117(2)/ 109/ 324(4)/ 351(2)/ 76/ 79/3(5) of BNS in G.R Case No.312 of 2025 of the Court of learned JMFC, Bhapur arising out of Fategarh P.S Case No.327 of 2025.

Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner. However, on the submission of the learned counsel, the Petitioner is 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

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move for bail. On such event, the learned Magistrate shall consider his 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 Petitioner 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 Petitioner on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.

Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.

The ABLAPL is disposed of accordingly.

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

( A.K. Mohapatra) Judge

Sisir

Signature Not Verified

Digitally Signed Signed by: SISIR KUMAR SETHI Designation: PERSONAL ASSISTANT Reason: Authentication Location: ORISSA HIGH COURT Date: 27-Apr-2026 16:11:41

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