Akshya Kumar Sahoo Vs State of Odisha

Instant petition has been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Kakatpur P.S. Case No.216 of 2024 corresponding to G.R. Case No.1230 of 2024 pending in the court of learned J.M.F.C., Nimapara on the grounds stated.

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Gone through the FIR as at Annexure-1. The details of the alleged incident with assault to the informant stand narrated therein. It is made to reveal from Annexure-1 that petitioner No.1 assaulted the victim, namely, Duryodhan Dalei. In course of hearing, learned counsel for the State produced a copy of the medical examination report dated 16^th December, 2024. As per the said report, the injured received wound and fracture in the right elbow joint stated to be grievous in nature. The Court further finds that petitioner Nos.2 to 4 were physically present

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at the time of alleged assault and did certain mischief but petitioner No.1 is the assailant, who said to have committed the overt act thereby causing injuries to the victim. It is informed to the Court that the parties are neighbours. It is also informed that the petitioners are having one more criminal case lodged against them at the behest of the injured. Considering the above facts and objections of the State and since petitioner No.1 assaulted the injured causing fracture injury to him, this Court is inclined to direct him to surrender before the learned Court below seeking regular bail to be considered during the first hour and in the event of rejection, before the learned Sessions Court for orders during the second hour. Insofar as petitioner Nos.2 to 4 are concerned, the Court is, however, of the view that even though there has been allegation of excess committed by them but not being the assailants, they should be directed to surrender for being released on bail with stringent conditions instead of pre-arrest bail, as has been demanded by them.

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4. Accordingly, it is ordered.

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In the result, the ABLAPL is disposed of with the direction as aforesaid. It is further directed that in the event, the petitioners surrender within fifteen days from today and petitioner No.1 moves an application for bail before the learned J.M.F.C., Nimapara in connection with Kakatpur P.S. Case No.216 of 2024 corresponding to G.R. Case No.1230 of 2024, it shall be considered in the light of the direction as aforesaid. It is further directed that petitioner Nos.2 to 4 on their surrender within the stipulated period and filling of applications for bail,

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they shall be released on furnishing a bail bond of Rs.30,000/(rupees thirty thousand) each with one solvent surety for the like amount each with such other conditions imposed as considered proper in the facts and circumstances of the case.

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Issue urgent certified copy of this order as per rules.

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(R.K. Pattanaik) Judge

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M.K.Rout

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Signature Not Verified

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Digitally Signed Signed by: MANOJ ROUT K Reason: Authentication Location: ORISSA HIGH COURT Date: 20-Feb-2026 16:44:04

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Akshya Kumar Sahoo v. State of Odisha

Case brief

What is this about?

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Akshya Kumar Sahoo v. State of Odisha

Case brief

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