Disposed¶22

Biplab Bhuyan v. State of Odisha

Orissa HC29 Apr 2026ABLAPL/3768/2026

Case brief

AI extract

What is this about?

Anticipatory bail; Section 482 BNSS 2023; BNS Sections 329(3), 296, 74, 115(2), 303(2), 351(2), 3(5); Biplab Bhuyan & Ors. v. State of Odisha; Basta P.S. Case No.103 of 2026; C.T. Case No.252 of 2026; J.M.F.C. Basta; surrender within three weeks and apply for bail; release on bail by Magistrate; bail subject to criminal antecedent verification and automatic revocation; Satender Kumar Antil vs. CBI, 2022 LiveLaw (SC) 577; Aditya Kumar Mohapatra, J.; 29.04.2026; disposed of.

What did the court decide?

Liberty to surrender before the court concerned within three weeks and move an application for bail; on surrender, release on bail on terms fixed by the learned Magistrate, subject to verification of criminal antecedents, with automatic revocation of the order if any antecedent exists. ¶22

Biplab Bhuyan Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioners are entitled to anticipatory bail under Section 482 of the B.N.S.S., 2023 for offences under Sections 329(3), 296, 74, 115(2), 303(2), 351(2) and 3(5) of B.N.S. in C.T. Case No.252 of 2026 (J.M.F.C., Basta).

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Court's answer

The Petitioners are permitted to surrender before the court in seisin over the matter within three weeks from the date of the order and to move an application for bail.

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Ratio / Principle

Upon surrender, the Petitioners shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper; violation of any term or condition shall entail cancellation of the bail.

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Key takeaways

The bail granted is subject to verification of the Petitioners' criminal antecedent; if the Petitioners have any criminal antecedent, the order stands automatically revoked.ratio¶21

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (A.K. Mohapatra, J.), order dated 29.04.2026 in ABLAPL No.3768 of 2026: anticipatory bail application under Section 482 of the B.N.S.S., 2023 by Biplab Bhuyan & Ors. in respect of C.T. Case No.252 of 2026 (J.M.F.C., Basta), arising out of Basta P.S. Case No.103 of 2026, involving offences under Sections 329(3), 296, 74, 115(2), 303(2), 351(2) and 3(5) of B.N.S. The Petitioners did not press the application, contending false implication due to previous rivalry, absence of criminal antecedents, and coverage by Satender Kumar Antil vs. Central Bureau of Investigation & anr., 2022 LiveLaw (SC) 577 (cited in argument; not adopted as this court's holding). The court permitted surrender within three weeks and moving of a bail application, directed release on bail on terms deemed just and proper by the Magistrate, made the bail subject to verification of criminal antecedents with automatic revocation if any antecedent exists, and disposed of the ABLAPL accordingly.

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3768 of 2026

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Biplab Bhuyan & Ors. ..... Petitioners

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Represented by Adv. - Pramod Kumar Jena

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-versus-

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State of Odisha

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.....

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Opposite Party

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Represented by Adv. – U.C. Jena, A.S.C.

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CORAM:

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THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

29.04.2026

Order No.

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

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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.

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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 329 (3), 296, 74, 115(2), 303(2), 351(2), 3(5) of B.N.S. in C.T. Case No.252 of 2026 in the Court of learned J.M.F.C., Basta arising out of Basta P.S. Case No.103 of 2026.

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It is stated by learned counsel for the Petitioners that the Petitioners have been falsely implicated in the present case due to previous rivalry. He further submitted that the Petitioners do not have any criminal antecedent and that the Petitioners belong to the locality. He further submitted that the offences alleged are

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Page 1 of 2.

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punishable for a maximum period of less than 7 years. As such, learned counsel for the Petitioners contended that the case of the Petitioners is squarely covered by the ratio laid down by the Hon’ble Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & anr. reported in 2022 LiveLaw (SC) 577 . At this stage, learned counsel for the Petitioners submitted that the Petitioners do not want to press this bail 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, they shall be released 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.

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It is further directed that the bail granted to the Petitioners shall be subject to the verification of their criminal antecedent. In the event, the Petitioners are having any criminal antecedent, then this order shall stand automatically revoked.

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7. The ABLAPL is disposed of accordingly.

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

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( A.K. Mohapatra) Judge

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Anil

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Signature Not Verified Page 2 of 2.

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Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 01-May-2026 19:35:01

Biplab Bhuyan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Biplab Bhuyan 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

Cases cited

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Procedural history

Parties & counsel

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