Abhi Palaka Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

Abhi Palaka Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

What the court decided

AI extract

Outcome

Conditional release on bail upon surrender before the learned S.D.J.M., Rayagada within three weeks, on a bail bond of Rs.30,000/- with one solvent surety for the like amount, subject to verification and receipt of the amount by the victim; the anticipatory bail plea itself was not entertained.

Issue for consideration

Whether pre-arrest (anticipatory) bail under Section 482 BNSS should be granted to the petitioner in connection with Chandili P.S. Case No.142 of 2026 / G.R. Case No.320 of 2026 pending before the learned S.D.J.M., Rayagada.

Court's answer

Considering that the petitioner is not the main accused - the principal accused being one Somnath Kausalya, said to have had the transaction with the informant and received Rs.36,00,000/- as per the FIR - the Court was inclined to direct release of the petitioner.

Ratio / Principle

The petitioner's bail plea was not entertained as anticipatory bail as such; instead, release was directed upon surrender before the learned court below, subject to verification and receipt of any such amount by the victim.

Key takeaways

If the petitioner surrenders before the learned S.D.J.M., Rayagada within a period of three weeks, he shall be released on bail on furnishing a bail bond of Rs.30,000/- with one solvent surety for the like amount, subject to compliance of the imposed conditions.ratio¶21

Detailed headnote1 paragraphs

Single-Judge order of the High Court of Orissa at Cuttack (R.K. Pattanaik, J.) dated 24.06.2026 disposing of ABLAPL No.7021 of 2026, a petition by Abhi Palaka under Section 482 BNSS for pre-arrest bail in connection with Chandili P.S. Case No.142 of 2026 corresponding to G.R. Case No.320 of 2026 pending before the learned S.D.J.M., Rayagada. The FIR (Annexure-1) claims the petitioner received Rs.2,00,000/- from the informant and refunded it through UPI mode, receipts of repayment being produced at the hearing; the main accused is stated to be one Somnath Kausalya, alleged to have received Rs.36,00,000/- from the informant per the FIR. Since the petitioner is not the main accused, the Court did not entertain the plea as anticipatory bail as such but directed that, if the petitioner surrenders before the learned S.D.J.M., Rayagada within three weeks, he be released on bail on a bond of Rs.30,000/- (thirty thousand only) with one solvent surety for the like amount, subject to verification and receipt of any such amount by the victim and compliance of the imposed conditions.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7021 of 2026

Abhi Palaka

…. Petitioner

Mr. S. K. Padhy, Advocate

-Versus-

State of Odisha

…. Opposite Party

Mr. M. K. Mohanty, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK ORDER

24.06.2026

Order No.

Heard learned counsel for the respective parties.

Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Chandili P.S. Case No.142 of 2026 corresponding to G.R. Case No.320 of 2026 pending in the file of learned S.D.J.M., Rayagada on the grounds stated therein.

Perused the FIR as at Annexure-1. It is claimed that the petitioner had received Rs.2,00,000/- from the informant and not the principal accused. Gone through the contents of the FIR. It is claimed that the petitioner refunded Rs.2,00,000/through UPI mode. The copies of the receipts towards repayment by the petitioner are produced by learned counsel appearing for him at the time of hearing. Considering the fact that the petitioner is not the main accused, but one Somnath Kausalya and he said to have had the transaction with the informant and received an amount of Rs.36,00,000/- as per the FIR, this Court is inclined to direct release of the petitioner

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upon his surrender before the learned court below subject to verification and receipt of any such amount by the victim though his bail plea is not entertained.

4. Accordingly, it is ordered.

In the result, the ABLAPL is disposed of. It is directed that in the event, the petitioner surrenders before the learned S.D.J.M., Rayagada in connection with Chandili P.S. Case No.142 of 2026 corresponding to G.R. Case No.320 of 2026 within a period of three weeks from today, he shall be released on bail on furnishing bail bond of Rs.30,000/-(thirty thousand only) with one solvent surety for the like amount and subject to compliance of the conditions imposed and direction as aforesaid.

6. Issue urgent certified copy as per rules.

(R.K. Pattanaik) Judge

Sumitra

Signature Not Verified

Digitally Signed Signed by: SUMITRA NAYAK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 26-Jun-2026 09:34:12

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