Disposed¶22

Tahar Khan v. State of Odisha

Orissa HC17 Feb 2026ABLAPL/389/2026

Case brief

AI extract

What is this about?

Tahar Khan v. State of Odisha, ABLAPL No. 389 of 2026, Orissa High Court, decided 17.02.2026, R.K. Pattanaik, J. - pre-arrest bail / anticipatory bail under Section 482 BNSS refused in G.R. Case No.11 of 2026 (GOP PS Case No. 02 of 2026), J.M.F.C Konark, Puri; informant-victim injured by jump from height; medical papers and original Discharge Summary produced; liberty to surrender and seek regular bail with first-hour / second-hour time-bound directions.

What did the court decide?

Pre-arrest bail declined; the ABLAPL was disposed of with liberty to the petitioner to surrender before the learned court below within a fortnight and seek regular bail, with directions for its consideration during the first hour by the J.M.F.C, Konark, Puri, and, if rejected, by the learned Sessions Court the same day during the second hour. ¶22

Tahar Khan 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 petitioner (Tahar Khan) is entitled to pre-arrest bail under Section 482 BNSS in connection with G.R. Case No.11 of 2026 arising out of GOP PS Case No. 02 of 2026.

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Court's answer

Considering the materials on record, the manner in which the alleged incident took place, and the medical papers produced (including the original Discharge Summary), the Court held that no case for pre-arrest bail is made out; however, the petitioner is at liberty to surrender before the learned court below and seek regular bail.

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Ratio / Principle

If the petitioner surrenders within a fortnight and moves an application for regular bail, the learned J.M.F.C, Konark, Puri shall consider it in G.R. Case No.11 of 2026 during the first hour; if rejected, he may approach the learned Sessions Court for orders the same day during the second hour itself.

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Detailed headnote1 paragraphs

Pre-arrest bail under Section 482 BNSS refused - Orissa High Court (R.K. Pattanaik, J.) disposed of ABLAPL No. 389 of 2026 filed by Tahar Khan seeking pre-arrest bail in G.R. Case No.11 of 2026 (J.M.F.C, Konark, Puri) arising out of GOP PS Case No. 02 of 2026. Counsel for the petitioner submitted the petitioner committed no excess; the informant-victim jumped from a height and sustained injuries; counsel for the informant produced medical papers including the original Discharge Summary. On the materials on record and the manner of the incident, the Court held no case for pre-arrest bail was made out, but granted the petitioner liberty to surrender before the court below and seek regular bail. Directed that if the petitioner surrenders within a fortnight and moves for regular bail, the learned J.M.F.C shall consider the application during the first hour, and if rejected, the petitioner may approach the learned Sessions Court the same day during the second hour itself.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No. 389 of 2026

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Tahar Khan

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…. Petitioner

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Mr. R. Achary, Advocate

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-Versus-

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State of Odisha

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…. Opposite Party

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Mr. S. K. Lenka, ASC Mr. S. K. Mishra, Advocate

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CORAM:

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MR. JUSTICE R.K. PATTANAIK

ORDER

Order No.

17.02.2026

Heard learned counsel for the respective parties.

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Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with G.R. Case No.11 of 2026 pending in the file of learned J.M.F.C, Konark, Puri arising out of GOP PS Case No. 02 of 2026 on the grounds stated.

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Perused the FIR as at Annexure-1. Learned counsel for the petitioner submits that the petitioner did not commit any excess, rather, the informant victim jumped from a height and received injuries in response to the submission of learned counsel for the informant, who produced the medical papers including the original Discharge Summery. Recorded the objection of learned counsel for the State. Considering the materials on record and the manner in which the alleged

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incident took place, as a result of which, the informant received injuries clearly made to reveal from the medical papers produced today, this Court is of the view that no case for a prearrest is made out, however, the petitioner is at liberty to surrender before the learned court below seeking regular bail.

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4. Accordingly, it is ordered.

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In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, petitioner surrenders within a fortnight from today and moves an application for regular bail, it shall be considered by learned J.M.F.C, Konark, Puri in G.R. Case No.11 of 2026 during the first hour and in the event of rejection, he shall approach the learned Sessions Court for orders on the same day during second hours itself.

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6. Issue urgent certified copy of this order as per rules.

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(R.K. Pattanaik) Judge

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Rojina

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Signature Not Verified

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Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTC Date: 19-Feb-2026 18:38:23

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Tahar Khan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Tahar Khan v. State of Odisha

Case brief

What is this about?

What did the court decide?

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What the court decided

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