Sanjaya Biswal Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2026)

Sanjaya Biswal Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2026)

What the court decided

AI extract

Outcome

Pre-arrest bail declined (application not entertained); however, if the Petitioners surrender before the learned Court in seisin and apply for release on bail, that application is to be considered on its own merit. The ABLAPL stands disposed of.

Issue for consideration

Whether the Petitioners (Sanjaya Biswal and Sunil Kumar Biswal) should be granted pre-arrest bail in connection with G.R. Case No.66 of 2025 (JMFC, Aul, Kendrapara), arising out of Aul P.S. Case No.31 of 2025, for offences under Sections 126(2)/296/115(2)/109/351(2)/140(3)/3(5) of the BNS Act.

Court's answer

Taking into account the nature of the allegations and the dictum of the Apex Court in Sharad Sehgal Vrs. State of Uttar Pradesh and another (2026 SCC Online SC 740), this Court is not inclined to entertain the application for pre-arrest bail.

Ratio / Principle

In the event the Petitioners surrender before the learned Court in seisin and move application for their release on bail, such application shall be considered on its own merit.

Detailed headnote1 paragraphs

Anticipatory bail refused - ABLAPL No. 4152 of 2026, High Court of Orissa at Cuttack (V. Narasingh, J., order dated 01.05.2026). Sanjaya Biswal and Sunil Kumar Biswal sought pre-arrest bail in G.R. Case No.66 of 2025 (JMFC, Aul, Kendrapara), arising out of Aul P.S. Case No.31 of 2025, for offences under Sections 126(2)/296/115(2)/109/351(2)/140(3)/3(5) of the BNS Act, alleging assault on the informant's son. Their earlier pre-arrest bail applications (ABLAPL Nos.1341 and 1343 of 2025) had been disposed of as withdrawn on 07.02.2025. Counsel urged that the charge sheet stood filed and the matter was settled inter se the parties; the State opposed, citing seven injuries on the injured (one on the head) and the criminal antecedents of both petitioners (earlier cases under the IPC, the BNS Act, and one registered with the SC & ST (POA) Act). Taking into account the nature of the allegations and the dictum of the Apex Court in Sharad Sehgal Vrs. State of Uttar Pradesh and another, 2026 SCC Online SC 740, the Court declined to entertain the pre-arrest bail application, but directed that if the petitioners surrendered before the Court in seisin and moved for release on bail, the same be considered on its own merit. ABLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 4152 of 2026

1. Sanjaya Biswal

2.Sunil Kumar Biswal …. Petitioners

Mr. D.K. Sahoo, Advocate

-versus-

State of Odisha

…. Opposite Party Mr. S. Panigrahi, ASC

CORAM: JUSTICE V. NARASINGH ORDER

01.05.2026

Order No.

01. 1. Heard learned counsel for the Petitioners and learned counsel for the State.

The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.66 of 2025 pending on the file of learned JMFC, Aul, Kendrapara, arising out of Aul P.S. Case No.31 of 2025 for commission of offences punishable under Sections 126(2)/ 296/ 115(2)/ 109/ 351(2)/ 140(3)/ 3(5) of the BNS Act.

Earlier the pre-arrest bail application of the Petitioners were before this Court in ABLAPL No.1341 of 2025 and 1343 of 2025 and this Court by orders dated 07.02.2025 disposed of their bail applications as withdrawn.

The allegations against the present Petitioners is that they assaulted the son of the informant.

It is submitted by the learned counsel that, in the meanwhile the charge sheet has already been

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filed and the matter has been settled inter se between the parties. Hence, the Petitioners may be protected by pre-arrest bail.

Such submission is opposed by the learned counsel for the State, inter alia, on the ground that the injured has seven injuries and one injury is on head and both the Petitioners have following criminal antecedents.

“Criminal antecedent of Petitioner No.1(Sanjaya Biswal)

Aul P.S Case No. 121 of 2018, under Sections 341/294/323/452/427/380/307/506/354/34 IPC.

Aul P.S Case No. 278/2016, U/s 302/34 IPC

Aul P.S Case No. 613/2024, U/s 126(2)/296/115(2)/351(2)/3(5) BNS r/w

3(1)(r)(s)/3(2)(va) SC & ST (POA) Act.

Aul P.S Case No. 677/2024, U/s 126(2)/296/74/115(2)/351(2)/3(5) BNS.

Criminal antecedent of Petitioner No.1(Pupuli @ Sunil Biswal)

Aul P.S Case No. 613/2024, U/s 126(2)/296/115(2)/351(2)/3(5)BNS, 3(1)(r)(s)/3(2) (va) SC & ST(POA) Act.

Aul P.S Case No. 677/2024, U/s 126(2)/296/74/115(2)/351(2)/3(5) BNS.

Aul P.S. Case No.121 of 2018, under Sections 341/294/323/452/427/380/307/506/354/34 IPC.”

Taking into account the nature of allegations and dictum of the Apex Court in the case of Sharad Sehgal Vrs. State of Uttar Pradesh and another, reported in, 2026 SCC Online SC 740 , this Court

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is not inclined to entertain the application for pre-arrest bail. However, in the event the Petitioners surrender before the learned Court in seisin and move application for their release on bail, the same shall be considered on its own merit.

Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH)

Judge

Soumya/ Mili

Signature Not Verified

Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 04-May-2026 20:29:44

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