Samim Khan Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

Samim Khan Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

What the court decided

AI extract

Outcome

Permission to surrender before the learned court in seisin within three weeks and seek regular bail, with conditional release directed (criminal-antecedent verification with automatic revocation if more than one antecedent, Rs.5,000/- cash security deposit, cooperation with investigation and appearance before the Police Station when required by the I.O., and non-use of the vehicle in similar offences).

Issue for consideration

Whether anticipatory bail under Section 482 of the B.N.S.S., 2023 should be granted to the Petitioner for offences punishable under Sections 303(2), 281 of B.N.S. read with Section 11(1)(d) of the Prevention of cruelty to Animals Act (C.T. Case No.968 of 2026, S.D.J.M., Jajpur).

Court's answer

In lieu of pressing the anticipatory bail application, the Petitioner is permitted to surrender before the learned court in seisin over the matter within three weeks and to move an application for bail.

Ratio / Principle

Upon such surrender, the learned court in seisin shall release the Petitioner on bail subject to 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.

Key takeaways

The bail is made subject to verification of the Petitioner's criminal antecedents; if the Petitioner has more than one criminal antecedent, the order shall stand automatically revoked.ratio¶22
Release is further conditioned on depositing a cash security of Rs.5,000/- before the learned Court in seisin, to be kept in any Nationalized bank in an interest-bearing account initially for one year, renewable till conclusion of trial, abiding by the final outcome of the trial.ratio¶23
Release is further conditioned on the Petitioner cooperating with the investigation, appearing before the Police Station when required by the I.O., and not allowing the vehicle to be used in similar type of offences while on bail.

Detailed headnote1 paragraphs

ABLAPL No.5963 of 2026 (High Court of Orissa at Cuttack, Hon'ble Mr. Justice Aditya Kumar Mohapatra, Vacation Judge, 12.06.2026): anticipatory bail application under Section 482 of the B.N.S.S., 2023 by Samim Khan involving offences punishable under Sections 303(2), 281 of B.N.S. read with Section 11(1)(d) of Prevention of cruelty to Animals Act (C.T. Case No.968 of 2026, learned S.D.J.M., Jajpur, arising out of Jajpur Sadar P.S. Case No.144 dated 28.04.2026) was not pressed by the Petitioner. The court permitted surrender before the court in seisin within three weeks and directed that on application the learned Magistrate release the Petitioner on bail on terms deemed just and proper, subject to: verification of criminal antecedents with automatic revocation of the order if more than one antecedent exists; deposit of a cash security of Rs.5,000/- (Rupees five thousand) to be kept in a Nationalized bank in an interest-bearing account initially for one year and renewable till conclusion of trial, abiding by the trial outcome; cooperation with investigation and appearance before the Police Station when required by the I.O.; and non-use of the vehicle in similar type of offences while on bail. The ABLAPL was disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5963 of 2026

Samim Khan

.....

Petitioner

Represented by Adv. - Jayanta Kumar Majhi

-versus-

State of Odisha

..... Opposite Party

Represented by Adv. - Mr. G.Mohanty, A.S.C.

CORAM:

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).

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.

This is an application under Section 482 of the B.N.S.S., 2023 filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 303(2), 281 of B.N.S. and r/w. Section 11(1)(d) of Prevention of cruelty to Animals Act in C.T. Case No.968 of 2026 in the Court of learned S.D.J.M., Jajpur arising out of Jajpur Sadar P.S. Case No.144 dated 28.04.2026.

Learned counsel for the Petitioner, at the outset, submitted that the Petitioner does not want to press this bail

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application and seek liberty to surrender before the court below and move an application for bail.

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. In such eventuality, learned court in seisin over the matter shall release the Petitioner 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 Petitioner shall be subject to the verification of his criminal antecedent. In the event, the Petitioner is having more than one criminal antecedent, then this order shall stand automatically revoked.

It is further directed that the bail granted to the Petitioner subject to depositing a cash security of Rs.5,000/- (Rupees five thousand) before the learned Court in seisin over the matter, which shall be kept in any Nationalized bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.

Further, the release of the Petitioner shall also be subject to the condition that he shall cooperate with the investigation and shall appear before the Police Station when required by

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I.O. and shall not allow this vehicle to be used in similar type of offences while on bail.

The ABLAPL is disposed of accordingly.

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

(A.K. Mohapatra) Vacation Judge

Rubi

Signature Not Verified

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Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: OHC Date: 12-Jun-2026 20:24:32