Disposed¶29

Bipul Bagh v. State of Odisha

Orissa HC23 Apr 2026ABLAPL/3005/2026

Case brief

AI extract

What is this about?

Anticipatory bail application refused; pre-arrest bail; Sections 392/411 IPC robbery case; FIR under Section 395 IPC read with Section 25/27 Arms Act; chargesheet dated 30.07.2022; petitioner shown as absconder; parity with co-accused deferred to trial court; surrender by 15 May 2026 and regular bail; S.D.J.M. Nabarangpur; Tentulikhunti P.S. Case No.0109 of 2020; G.R. Case No.681 of 2020 (A); Justice Sibo Sankar Mishra; decided 23.04.2026.

What did the court decide?

Anticipatory bail not granted; petitioner granted liberty to surrender before the learned trial Court on or before 15th May, 2026 and move a regular bail application, expected to be decided the same day, with liberty to urge all points raised in this petition including the ground of parity. ¶29

Bipul Bagh Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory (pre-arrest) bail should be granted to the petitioner in connection with Tentulikhunti P.S. Case No.0109 of 2020 / G.R. Case No.681 of 2020 (A) for offences under Sections 392/411 I.P.C. +1 more

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Court's answer

The Court declined to entertain the anticipatory bail application because the petitioner had been successfully avoiding arrest and had not cooperated with the investigation.

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Ratio / Principle

Liberty granted to the petitioner to surrender before the learned trial Court on or before 15th May, 2026 and move application for regular bail.

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Key takeaways

If the petitioner surrenders and moves the bail application, the Courts below are expected to decide the bail application on the same day.ratio¶28
It is open to the petitioner to urge all points raised in this petition, including the ground of parity, when moving the regular bail application before the Courts below; the parity claim was not adjudicated at this stage.ratio¶28

Detailed headnote1 paragraphs

Anticipatory Bail - Refusal with surrender directive (High Court of Orissa at Cuttack, ABLAPL No.3005 of 2026, order dated 23.04.2026, Sibo Sankar Mishra, J.): Petitioner sought pre-arrest bail in connection with Tentulikhunti P.S. Case No.0109 of 2020 / G.R. Case No.681 of 2020 (A) for offences under Sections 392/411 I.P.C. pending before the learned S.D.J.M., Nabarangpur. FIR (registered 02.08.2020 under Sections 395 I.P.C. read with Section 25/27 of the Arms Act) alleged an armed robbery of two mobile phones by six unidentified persons on 01.08.2020; chargesheet filed 30.07.2022 showed the petitioner as an absconder. Court declined to entertain the anticipatory bail application, citing the petitioner's successful avoidance of arrest and non-cooperation with investigation; parity claim with co-accused already enlarged on bail was not adjudicated here. Liberty granted to surrender before the trial Court on or before 15th May, 2026 and move a regular bail application, expected to be decided same day, with liberty to urge all points raised including parity. ABLAPL disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.3005 of 2026

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Bipul Bagh

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Petitioner(s)

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Mr. Rajib Lochan Pattnaik, Advocate -versus-

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State of Odisha

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…. Opposite Party(s)

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Mr. Sobhan Panigrahi, ASC

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CORAM: JUSTICE SIBO SANKAR MISHRA

ORDER

Order No.

01.

1. Heard.

23.04.2026

2. The petitioner is seeking pre-arrest bail in

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connection with Tentulikhunti P.S. Case No.0109 of

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2020 corresponding to G.R. Case No.681 of 2020 (A) for the offences under Sections 392/411 of I.P.C. pending

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in the Court of the learned S.D.J.M., Nabarangpur.

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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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01.08.2020, at about 8:30 P.M., while the informant

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Page 1 of 3

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and his friend were sitting on the verandah of his house, six unknown persons arrived at the spot on two motorcycles. The said persons, being armed with a gun

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and a knife, allegedly criminally intimidated the informant and his friend and forcibly snatched two mobile phones from their possession. After committing the offence of robbery, the accused persons fled from the spot towards the Patraput side. Hence, the present FIR was lodged.

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5. The F.I.R. was registered on 02.08.2020 for the offences under Sections 395 of I.P.C. read with Section 25/27 of the Arms Act. After investigation, chargesheet has been filed in this case on 30.07.2022 showing the petitioner as an absconder. Learned counsel for the petitioner submits that the co-accused persons have already enlarged on bail. Therefore, he seeks parity.

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6. I am not inclined to entertain the anticipatory bail application in view of the fact that the petitioner have been successfully avoiding arrest and not cooperated with the investigation, however, liberty is

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Page 2 of 3

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granted to the petitioner to surrender before the learned trial Court on or before 15^th May, 2026 and move application for regular bail. If the petitioner surrenders and move application for bail, it is expected that the learned Courts below shall decide the bail application on the same day. It is open for the petitioner to urge all the points as has been raised in this petition including the ground of parity.

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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

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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: 25-Apr-2026 13:52:03

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Bipul Bagh v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bipul Bagh 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

Statutes considered

Procedural history

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Coram

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