Shubhadev Jena Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

Shubhadev Jena Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

What the court decided

AI extract

Outcome

Application withdrawn by Petitioners; disposed of with liberty to surrender before the court in seisin within three weeks and move a regular bail application, with a direction that the learned Magistrate release the Petitioners on bail on terms deemed just and proper, subject to verification of criminal antecedents and the injury report (automatic revocation upon adverse finding).

Issue for consideration

Whether the Petitioners should be granted anticipatory bail under Section 482 of the B.N.S.S., 2023 in respect of offences punishable under Sections 109/115(2)/126(2)/3(5)/351(2)76/85/296 of B.N.S. arising out of Madhupatna P.S. Case No.12 of 2026 (C.T. Case No.53 of 2026, J.M.F.C. (Cog-IV), Cuttack).

Court's answer

The Petitioners are permitted to surrender before the learned court in seisin over the matter within three weeks and move an application for bail; in such eventuality, the court in seisin is directed to release the Petitioners on bail on such terms and conditions as the learned Magistrate may deem just and proper, violation entailing cancellation.

Ratio / Principle

The bail to be granted is further directed to be subject to verification of the Petitioners' criminal antecedent and the injury report; the order automatically stands revoked if the Petitioners have any criminal antecedent or the injured has sustained any grievous injury.

Detailed headnote1 paragraphs

Anticipatory Bail Application (ABLAPL No.3291 of 2026, High Court of Orissa at Cuttack, decided 27.04.2026 by Justice Aditya Kumar Mohapatra) under Section 482 of the B.N.S.S., 2023 for offences punishable under Sections 109/115(2)/126(2)/3(5)/351(2)76/85/296 of B.N.S. arising out of Madhupatna P.S. Case No.12 of 2026 (C.T. Case No.53 of 2026, J.M.F.C. (Cog-IV), Cuttack). Counsel for the Petitioners withdrew the application seeking liberty to surrender. The Court permitted surrender within three weeks and directed that, upon such surrender, the court in seisin release the Petitioners on bail on terms deemed just and proper, subject to verification of their criminal antecedent and the injury report, with automatic revocation of the order if any criminal antecedent exists or the injured sustained grievous injury. ABLAPL disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3291 of 2026

Shubhadev Jena and another ..... Petitioners

Represented by Adv. - Rajat Kumar Panda

-versus-

state of odisha

..... Opposite Party

Represented by Adv. –

Mr. D.K. Sahoo, AGA

CORAM:

MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

27.04.2026

Order No.

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

Heard learned counsel for the Petitioners and learned Additional Government Advocate 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 109/115(2)/126(2)/3(5)/351(2)76/85/296 of B.N.S. in C.T. Case No.53 of 2026 in the Court of learned J.M.F.C. (Cog-IV), Cuttack arising out of Madhupatna P.S. Case No.12 of 2026.

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 for bail.

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Considering such submissions, the Petitioners are permitted to surrender before the learned court in seisin over the matter within a period of three weeks from today and move an application for bail. In such eventuality, the learned court in seisin over the matter shall do well to release the Petitioners on bail on such terms and conditions as the learned Magistrate may deem just and proper. Violation of any of the terms and conditions shall entail cancellation of the bail.

It is further directed that the bail granted to the Petitioners shall be subject to the verification of their criminal antecedent and the injury report. In the event, the Petitioners are having any criminal antecedent or the injured has sustained any grievous injury, then this order shall stand automatically revoked.

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: 02-May-2026 13:11:55

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