Sibuna Palei Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

Sibuna Palei Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

What the court decided

AI extract

Outcome

Pre-arrest bail not granted; conditional surrender-and-release arrangement: petitioner to surrender before learned J.M.F.C, (Cog-1) Puri within a fortnight and be released on bail on furnishing a bail bond of Rs.30,000 with one solvent surety for the like amount, besides conditions imposed by the concerned court and further conditions (no quarrel with or harm to the informant and his wife; cooperation with the I.O.); the release direction lapses if the court below finds on enquiry that the victim suffered grievous injury.

Issue for consideration

Whether pre-arrest bail under Section 482 BNSS should be granted to the petitioner in connection with G.R. Case No.45 of 2026, arising out of Baliapanda P.S. Case No.0011 of 2026. +1 more

Court's answer

Pre-arrest bail was refused; the petitioner was instead directed to surrender before the learned court below to be released on bail with stringent conditions.

Ratio / Principle

Conditional release ordered: on surrender before learned J.M.F.C, (Cog-1) Puri within a fortnight, the petitioner is to be released on bail on furnishing a bail bond of Rs.30,000 with one solvent surety for the like amount, subject to imposed conditions including that he shall not pick up quarrel with or cause harm to the informant and his wife and shall cooperate with the I.O.; the direction shall not take effect if an enquiry by the court below finds the victim received grievous injury.

Detailed headnote1 paragraphs

Anticipatory/pre-arrest bail under Section 482 BNSS sought by Sibuna Palei in respect of G.R. Case No.45 of 2026 (arising out of Baliapanda P.S. Case No.0011 of 2026) pending before learned J.M.F.C, (Cog-1) Puri, following FIR allegations that he assaulted the informant's wife (a neighbour), committed mischief on the point of bhujali and forcibly removed Rs.500/- from the informant. Noting the claim of no other criminal antecedent, acquaintance between the parties, and that the victim suffered no grievous injury despite being assaulted and kicked, the Court declined pre-arrest bail but directed surrender before the learned court below within a fortnight, to be released on a bail bond of Rs.30,000 with one solvent surety, with stringent conditions including abstention from quarrel or harm to the informant couple and cooperation with the investigation. The release direction is expressly rendered ineffective if an enquiry establishes grievous injury to the victim at the petitioner's hands.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 927 of 2026

Sibuna Palei

…. Petitioner

Ms. S. S. Pratihari, Advocate

-Versus-

State of Odisha

…. Opposite Party

Mrs. S. Mohanty, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

Order No.

11.02.2026

Heard learned counsel for the respective parties.

Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with G.R. Case No.45 of 2026 pending in the file of learned J.M.F.C, (Cog-1) Puri arising out of Baliapanda P.S. Case No.0011 of 2026 on the grounds stated.

Perused the FIR as at Annexure-1, which reveals that the wife of the informant was assaulted by the petitioner, who is their neighbour. It is also alleged that on the point of bhujali, the petitioner did the mischief and forcibly removed cash of Rs.500/- from the informant, who tried to obstruct and intervene. It is claimed that the petitioner does not have any other criminal antecedent. Recorded the objection of the State. In view of the above claim having no previous antecedent and the fact that the parties are known to each other and as it

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appears the victim, namely, the wife of the informant suffered no grievous injury though she was assaulted and kicked, this Court is not inclined to grant him pre-arrest bail but is of the view that the petitioner should be directed to surrender before the learned court below to be released on bail with stringent conditions and accordingly, it is ordered.

In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the court of learned J.M.F.C, (Cog-1) Puri within a fortnight from today, it is directed that he shall be released on bail in connection with G.R. Case No.45 of 2026 corresponding to Baliapanda P.S. Case No.0011 of 2026 on furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) with one solvent surety for the like amount with such other conditions imposed by the court concerned as deemed just and proper and in the facts and circumstances of the case, besides the following, such as, he shall not pick up the quarrel with the informant and his wife and not to cause harm to them in any manner, whatsoever, while on bail and to cooperate the I.O in the investigation. The above order, as is further directed, shall not be given effect to, in case, learned court below on an enquiry finds that the victim has received grievous injury on account of assault in hands of the petitioner.

Signature Not Verified5.

Issue urgent certified copy of this order as per rules.

Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTCDate: 12-Feb-2026 17:36:32 (R.K. Pattanaik) Judge

Rojina

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