Disposed¶20

Debendra Barik v. State of Odisha

Orissa HC12 Jun 2026ABLAPL/5871/2026

Case brief

AI extract

What is this about?

Anticipatory bail; Section 482 BNSS 2023; BNS Sections 77, 296, 351(3); surrender within three weeks; release on bail on Magistrate's terms; condition not to harass, threaten or terrorize victim and family; violation entails cancellation; verification of criminal antecedents; automatic revocation of order; G.R. Case No.256 of 2025; Hemagiri P.S. Case No.261 of 2025; J.M.F.C. Hemagiri; High Court of Orissa at Cuttack; Vacation Judge; application disposed of.

What did the court decide?

Permission to surrender before the court in seisin within three weeks and move a bail application, with release on bail on terms fixed by the learned Magistrate, subject to non-harassment of the victim and her family and to verification of criminal antecedents (automatic revocation if antecedents exist). ¶20

Debendra Barik Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to the petitioner under Section 482 of the B.N.S.S., 2023 for offences punishable under Sections 77, 296, 351(3) of B.N.S. in G.R. Case No.256 of 2025. +1 more

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Ratio / Principle

The petitioner is permitted to surrender before the learned court in seisin over the matter within three weeks from today and, on moving a bail application, shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper.

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Key takeaways

Release of the petitioner is made subject to the condition that he shall not harass, threaten or terrorize the victim and her family members in any manner whatsoever.ratio¶18
Violation of any of the terms and conditions of the bail shall entail cancellation of the bail.ratio¶18
The bail granted to the petitioner is further made subject to verification of his criminal antecedents.ratio

Detailed headnote1 paragraphs

Anticipatory bail application under Section 482 of the B.N.S.S., 2023 (ABLAPL No.5871 of 2026, High Court of Orissa at Cuttack) by Debendra Barik concerning offences punishable under Sections 77, 296, 351(3) of B.N.S. in G.R. Case No.256 of 2025 (J.M.F.C., Hemagiri) arising out of Hemagiri P.S. Case No.261 of 2025. The petitioner did not press the application and sought liberty to surrender; the Court permitted surrender within three weeks and directed that on moving a bail application he be released on bail on terms deemed just and proper by the Magistrate, conditioned on not harassing, threatening or terrorizing the victim and her family, with violation entailing cancellation, and further subject to verification of criminal antecedents, failure of which causes automatic revocation of the order. Application disposed of accordingly (A.K. Mohapatra, Vacation Judge, 12.06.2026).

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5871 of 2026

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Debendra Barik ..... Petitioners

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Represented by Adv. – Manas Kumar Chand

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-versus-

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State of Odisha

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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

12.06.2026

Order No.

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

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Heard learned counsel for the Petitioner 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 77, 296, 351(3) of B.N.S. in G.R. Case No.256 of 2025 in the Court of learned J.M.F.C., Hemagiri arising out of Hemagiri P.S. Case No.261 of 2025.

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Learned counsel for the Petitioner at this juncture submitted that the Petitioner does 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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Page 1 of 2.

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Considering such submissions, the Petitioner is 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, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper. Release of the Petitioner shall be subject to a condition that the Petitioner shall not harass, threaten or terrorize the victim and her family members in any manner whatsoever. 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 Petitioner shall be subject to the verification of his criminal antecedent. In the event, the Petitioner is having any criminal antecedent, then this order shall stand automatically revoked.

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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)

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Vacation Judge

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Suchitra

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Signature Not Verified

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Page 2 of 2.

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Digitally Signed Signed by: SUCHITRA BEHERA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 13-Jun-2026 17:46:19

Debendra Barik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Debendra Barik 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

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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