Tirthabasi Behera @ Suresh Behera Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

Tirthabasi Behera @ Suresh Behera 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 move an application for bail, with a directive that the court seized of the matter shall release the Petitioners on bail on terms deemed just and proper by the learned Magistrate, conditioned on verification of criminal antecedents and the injury report and automatic revocation upon existence of any criminal antecedent or grievous injury; the ABLAPL was disposed of accordingly.

Issue for consideration

Whether the Petitioners should be granted anticipatory bail under Section 482 of the B.N.S.S., 2023 for the offences punishable under Sections 191(3), 296, 351(3), 329(4), 115(2), 109(1), 74 and 190 of the BNS pending as G.R. Case No.453 of 2026 (arising out of Belpada P.S. Case No.112 of 2026) before the learned S.D.J.M., Patnagrah.

Court's answer

The Court permitted the Petitioners to surrender before the learned court in seisin over the matter within three weeks from that day and to move an application for bail.

Ratio / Principle

Upon such surrender, the 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.

Key takeaways

Violation of any of the terms and conditions of the bail shall entail cancellation of the bail.ratio¶¶19
The bail granted to the Petitioners shall be subject to verification of their criminal antecedents and the injury report.ratio¶¶20
If the Petitioners have any criminal antecedent or the injured person has sustained any grievous injury, the order shall stand automatically revoked.ratio

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, ABLAPL No.5992 of 2026, decided 12.06.2026 (Hon'ble Mr. Justice Aditya Kumar Mohapatra, Vacation Judge): anticipatory-bail application under Section 482 of the B.N.S.S., 2023 by Tirthabasi Behera @ Suresh Behera & Ors. for offences punishable under Sections 191(3)/191(3)/296/351(3)/329(4)/115(2)/109(1)/74/190 of the BNS in G.R. Case No.453 of 2026 before the learned S.D.J.M., Patnagrah, arising out of Belpada P.S. Case No.112 of 2026. Learned counsel for the Petitioners submitted that they would not press the application and sought liberty to surrender and apply for bail. The Court permitted surrender within three weeks and directed that the court seized of the matter shall release the Petitioners on bail on terms deemed just and proper by the learned Magistrate, subject to verification of the Petitioners' criminal antecedents and the injury report, with automatic revocation of the order if any criminal antecedent exists or the injured sustained grievous injury, and cancellation of bail upon violation of any condition. The ABLAPL was disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5992 of 2026

Tirthabasi Behera @ Suresh ..... Petitioners Behera & Ors.

Represented by Adv. - Amit Prasad Bose

-versus-

State of Odisha

..... Opposite Party

Represented by Adv. - Mr. A.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 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 191(3)/ 191(3)/ 296/ 351(3)/ 329(4)/ 115(2)/ 109(1)/ 74/ 190 of the BNS in G.R. Case No.453 of 2026 in the Court of learned S.D.J.M., Patnagrah arising out of Belpada P.S. case No.112 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) Vacation Judge

Rubi

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Signature Not Verified

Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: OHC Date: 12-Jun-2026 20:24:33