B. Dalashu @ Dilesu Patra Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

B. Dalashu @ Dilesu Patra Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

What the court decided

AI extract

Outcome

No pre-arrest bail granted; petitioners directed to appear before the Investigating Officer and ordered not to be arrested until their appearance at the police station on 19 February 2026.

Issue for consideration

Whether the petitioners are entitled to pre-arrest bail under Section 482 BNSS in connection with Chhatrapur P.S. Case No.399 of 2025 corresponding to G.R. Case No.943 of 2025 pending before learned S.D.J.M., Chhatrapur. +1 more

Court's answer

In view of the ongoing further investigation, this Court was not inclined to grant pre-arrest bail to the petitioners.

Ratio / Principle

Both petitioners were directed to appear before the Investigating Officer in the ongoing investigation and were directed not to be arrested in the meantime until their appearance at the police station on 19 February 2026.

Key takeaways

The ABLAPL was disposed of with the aforesaid direction (no pre-arrest bail granted; conditional no-arrest protection with appearance before IO fixed for 19 February 2026).ratio¶¶21

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack | ABLAPL No.845 of 2026 | Order dated 09.02.2026 | Justice R.K. Pattanaik. Petitioners, including B. Dalashu @ Dilesu Patra, filed a petition under Section 482 BNSS seeking pre-arrest bail in connection with Chhatrapur P.S. Case No.399 of 2025 corresponding to G.R. Case No.943 of 2025 pending before learned S.D.J.M., Chhatrapur (case registered under Section 103(1) BNSS). A preliminary chargesheet dated 27 September 2025 had been filed against two other persons only, cognizance was taken by the learned court below on 4 October 2025, and investigation remained open under Section 173(8) Cr.P.C.; petitioner No.1's name figured in the FIR (Annexure-1) while the local police were searching the petitioners. Because further investigation was in progress, the Court was not inclined to grant pre-arrest bail but directed both petitioners to appear before the Investigating Officer and ordered that they not be arrested until their appearance at the police station on 19 February 2026. The ABLAPL was disposed of with this direction.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.845 of 2026

B. Dalashu @ Dilesu Patra & …. Petitioners another

Mr. B.K. Ragada, Advocate on behalf of Mr. S.R. Polai, Advocate

-Versus-

State of Odisha

…. Opposite Party

CORAM:

MR. JUSTICE R.K. PATTANAIK

Order

No.

ORDER

09.02.2026

Heard learned counsel for the respective parties.

Instant petition has been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Chhatrapur P.S. Case No.399 of 2025 corresponding to G.R. Case No.943 of 2025 pending in the court of learned S.D.J.M., Chhatrapur on the grounds stated.

Perused the FIR as at Annexure-1. A copy of the preliminary chargesheet is at Annexure-2. Mr. Ragada, learned counsel appearing on behalf of Mr. Polai, learned counsel for the petitioners submits that the preliminary chargesheet has been filed against two others and not the petitioners but still the local police are in search of them and hence, apprehend arrest and therefore, they should be protected against any such arrest in connection with Chhatrapur P.S. Case No.399 of 2025. It is admitted that one of the accused persons, namely, petitioner

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No.1’s name is mentioned in the FIR i.e. Annexure-1 and not the others. In the meantime, pursuant to the preliminary chargesheet filed, the learned court below has taken cognizance of the offences by order dated 4^th October, 2025, a copy of which is at Annexure-2 corresponding to G.R. Case No.943 of 2025 pending in the court of learned S.D.J.M., Chhatrapur. Recorded the objection of Mrs. Mohanty, learned ASC for the State. A case under Section 103(1) BNSS has been registered. Though the preliminary chargesheet dated 27^th September, 2025 is filed, the investigation is kept open under Section 173(8) Cr.P.C. It is contended that the petitioners are not involved in the alleged incident, hence, are not been chargesheeted with two others. Considering the above claim and submission of Mr. Ragada, learned counsel to the effect that the petitioners are being searched by the local police, this Court, in view of the fact that further investigation is in progress, though not inclined to grant pre-arrest bail but is of the view that both of them should be directed to appear before IO in such investigation and not to be arrested in the meantime till their appearance at the PS on 19^th February, 2026.

4. Accordingly, it is ordered.

In the result, the ABLAPL is disposed of with the direction as aforesaid.

Issue urgent certified copy of this order as per rules.

Signature Not Verified (R.K. Pattanaik)

Digitally Signed Signed by: THAKURDAS TUDU Reason: Authentication Location: OHC,CTCTUDU Date: 10-Feb-2026 13:26:06

Judge

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