Chandrakanta Nath Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

Chandrakanta Nath Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

What the court decided

AI extract

Outcome

ABLAPL disposed of with the direction that the petitioner surrender before learned S.D.J.M., Bhadrak within a fortnight, upon which he shall be released on bail subject to a bail bond of Rs.30,000/- (Rupees thirty thousand) with one solvent surety for the like amount, besides conditions of not quarrelling with the informant, not causing further mischief, and reporting to the I.O. once in a fortnight till completion of investigation; court below at liberty to impose other suitable conditions.

Issue for consideration

Whether pre-arrest bail under Section 482 BNSS should be granted to the petitioner in connection with Tihidi P.S. Case No.338 of 2025 corresponding to G.R. Case No.2824 of 2025 pending before learned S.D.J.M., Bhadrak. +1 more

Court's answer

Considering the materials on record, the petitioner's suspected involvement, the informant's claim that some unknown youths of the locality did the mischief during night hours, the objection of learned counsel for the State, the petitioner's adjacent grocery shop and his having no past antecedent, this Court was not inclined to grant him pre-arrest bail, but held that he should be directed to surrender before the learned court below for being released with suitable conditions imposed.

Ratio / Principle

Upon surrender before the court of learned S.D.J.M., Bhadrak within a fortnight from the date of the order, the petitioner shall be released on bail in connection with Tihidi P.S. Case No.338 of 2025 corresponding to G.R. Case No.2824 of 2025, subject to furnishing a bail bond of Rs.30,000/- (Rupees thirty thousand) with one solvent surety for the like amount to the satisfaction of the learned court below.

Key takeaways

While on bail, the petitioner shall not pick up any quarrel with the informant, shall not cause any further mischief in any manner whatsoever, and shall report the I.O. once in a fortnight for the purpose of investigation and continue to do so till its completion; the learned court below remains at liberty to impose such other suitable conditions as deemed just and proper.ratio¶25

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, ABLAPL No.971 of 2026 (Order dated 13.02.2026, R.K. Pattanaik, J.) - Chandrakanta Nath v. State of Odisha. Petition under Section 482 BNSS for pre-arrest bail in connection with Tihidi P.S. Case No.338 of 2025 corresponding to G.R. Case No.2824 of 2025 pending before learned S.D.J.M., Bhadrak. Per the informant's statement in the F.I.R. (Annexure-1), unknown miscreants barged into the shop room at midnight, removed cash of Rs.5,000/- and set it ablaze, causing damage to 200 cartoons of liquor and other articles; the petitioner's name figured with regard to a separate incident said to have taken place at 2.30 p.m., and his involvement was suspected owing to a day-time quarrel with the informant. The petitioner runs a grocery shop adjacent to the informant's shop and has no past antecedent. Recording the objection of learned counsel for the State, the Court declined outright pre-arrest bail but disposed of the ABLAPL directing surrender before learned S.D.J.M., Bhadrak within a fortnight and release on bail thereafter subject to a bail bond of Rs.30,000/- (Rupees thirty thousand) with one solvent surety for the like amount, with conditions: no picking up of quarrel with the informant, no causing of further mischief while on bail, and reporting to the I.O. once in a fortnight till completion of investigation, the court below being at liberty to impose other suitable conditions.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.971 of 2026

Chandrakanta Nath

…. Petitioner

Mr. S.K. Samal, Advocate

-Versus-

State of Odisha

…. Opposite Party

Mr. S. K. Lenka, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

13.02.2026

Order No.

Heard learned counsel for the respective parties.

Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioners in connection with Tihidi P.S. Case No.338 of 2025 corresponding to G.R. Case No.2824 of 2025 pending in the file of learned S.D.J.M., Bhadrak on the grounds stated therein.

Perused the F.I.R. as at Annexure-1. The details of the circumstances leading to the alleged incident are described therein in the said report. The case diary, statements of witnesses recorded under Section 180 BNSS and other relevant documents are produced by learned counsel for the State for the Court’s perusal. The informant’s statement reveals that some unknown miscreants barged into the shop room, removed cash of Rs.5,000/- and set it ablaze thereby causing damage to 200 cartoons of liquor and other articles. Learned counsel for the petitioner submits that the present accused is not involved, though, he had a quarrel with the informant some time before

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the alleged incident which took place at midnight. The name of the petitioner is mentioned with regard to an incident said to have taken place at 2.30 p.m. in the afternoon. The involvement of the petitioner is suspected by the informant because of the quarrel he had with him during the day time.

Considering the materials on record and involvement of the petitioner since he is suspected, whereas, it is claimed by the informant that some unknown youths of the locality did the mischief during night hours and recording the objection of learned counsel for the State and the fact that the petitioner himself is having a grocery shop adjacent to the shop of the informant and he having no past antecedent, this Court though not inclined to grant him pre-arrest bail, but is of the view that he should be directed to surrender before the learned court below for being released with suitable conditions imposed.

Accordingly, it is ordered.

In the result, ABLAPL stands disposed of with the direction as aforesaid. It is further directed that upon surrender before the court of learned S.D.J.M., Bhadrak within a fortnight from today, the petitioner shall be released on bail in connection with Tihidi P.S. Case No.338 of 2025 corresponding to G.R. Case No.2824 of 2025 subject to him furnishing a bail bond of Rs.30,000/- (Rupees thirty thousand) with one solvent surety for the like amount to the satisfaction of the learned court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall not pick up any quarrel with the informant and shall

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not cause any further mischief in any manner and whatsoever, while on bail and to report the I.O. once in a fortnight for the purpose of investigation and continue to do so, till its completion.

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: 17-Feb-2026 18:06:27

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