Sudhadeb @ Sudhadev Behera Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

Sudhadeb @ Sudhadev Behera Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

What the court decided

AI extract

Outcome

Liberty to withdraw the anticipatory bail application and surrender before the learned court in seisin within three weeks, with a direction that on surrender the Petitioners shall be released on bail on terms deemed just and proper by the learned Magistrate, conditional on verification of criminal antecedents and the injury report, with automatic revocation of the order upon adverse findings.

Issue for consideration

Whether anticipatory bail under Section 482 of the B.N.S.S., 2023 should be granted to the Petitioners in connection with offences punishable under Sections 126(2)/127(2)/115(2)/118(l)/304(2)/331(4)/351(2)(3)/3(5) of B.N.S. in G.R. Case No.1003 of 2026 (Kendrapara Sadar P.S. Case No.251 of 2026) before the learned S.D.J.M., Kendrapara.

Ratio / Principle

Since the Petitioners did not wish to press the anticipatory bail application, the Court permitted them to surrender before the learned court in seisin over the matter within three weeks and move an application for regular bail.

Key takeaways

On such surrender, the learned court in seisin shall release the Petitioners on bail subject to such terms and conditions as the learned Magistrate may deem just and proper; violation of any term shall entail cancellation of bail.ratio¶21
The bail granted to the Petitioners shall additionally be subject to verification of their criminal antecedent and the injury report.ratio¶22
If the Petitioners are found to have any criminal antecedent, or if the injured person has sustained grievous injury, the present order shall stand automatically revoked.

Detailed headnote1 paragraphs

Anticipatory Bail Application (ABLAPL No.5592 of 2026, High Court of Orissa at Cuttack, order dated 22.05.2026, Justice Aditya Kumar Mohapatra) filed under Section 482 of the B.N.S.S., 2023 by Sudhadeb @ Sudhadev Behera & Ors. in respect of offences punishable under Sections 126(2)/127(2)/115(2)/118(l)/304(2)/331(4)/351(2)(3)/3(5) of B.N.S. in G.R. Case No.1003 of 2026 (Kendrapara Sadar P.S. Case No.251 of 2026) before the learned S.D.J.M., Kendrapara. Counsel for the Petitioners sought liberty not to press the application and instead to surrender before the court below. The Court permitted surrender within three weeks and directed that, on surrender, the learned court in seisin shall release the Petitioners on bail on such terms and conditions as the learned Magistrate deems just and proper, violation entailing cancellation. The grant of bail was made subject to verification of the Petitioners' criminal antecedents and the injury report, with the order to stand automatically revoked if any criminal antecedent exists or the injured person sustained grievous injury. The ABLAPL was disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5592 of 2026

Sudhadeb @ Sudhadev Behera & Ors.

..... Petitioners

Represented by Adv. - Arijeet Mishra

-versus-

State of Odisha

.....

Opposite Party

Represented by Adv. - Mr. C.M.Singh, A.S.C.

CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

22.05.2026

Order No.

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

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.

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 126(2)/ 127(2)/ 115(2)/ 118(l)/ 304(2)/ 331(4)/ 351(2)(3)/ 3(5) of B.N.S. in G.R. Case No.1003 of 2026 in the Court of learned S.D.J.M., Kendrapara arising out of Kendrapara Sadar P.S. Case. No.251 of 2026.

Learned counsel for the Petitioners, at the outset, submitted that the Petitioners do not want to press this bail application and seek liberty to surrender before the court below and move an

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application for bail.

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, learned court in seisin over the matter shall release the Petitioners on bail subject to 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

Rubi

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Signature Not Verified

Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: OHC Date: 24-May-2026 15:29:19