Rakesh Prasad v. State of Odisha
Case brief
What is this about?
Orissa High Court, Cuttack; ABLAPL No.6540 of 2026; anticipatory bail under Section 482 BNSS 2023; decided 19.06.2026 by Justice Aditya Kumar Mohapatra (Vacation Judge). Underlying case: Bamibari P.S. Case No.36 of 2026 / G.R. Case No.181 of 2026 before J.M.F.C., Barbil; offences under Sections 61(2)/303(2) BNS 2023 read with Section 21 MMDR Act 1957 (mining-related allegation). Application not pressed; Petitioner permitted to surrender within four weeks and seek bail with first-hour consideration, higher-forum second-hour fallback applying parity; case diary to be furnished on surrender; ABLAPL disposed of. Keywords: pre-arrest bail, surrender, first hour, second hour, principles of parity, J.M.F.C. Barbil, BNS 303(2), MMDR Act Section 21.
What did the court decide?
Liberty to surrender before the learned J.M.F.C., Barbil within four weeks and move for regular bail, with first-hour consideration by the Magistrate and, upon rejection, second-hour consideration by the higher forum on the same day applying parity, if applicable; case diary to be made available on surrender.