Bijaya Naik @ Bijiya Kumar Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.252 of 2020

1. Bijaya Naik @ Bijiya Kumar Nayak

2. Congress Naik

3. Hina Naik

4. Abhi Naik

5. Kanhei Naik

6. Charan Naik

7. Dhusa Naik @ Dhusasana Naik

8. Siba Naik

9. Pandi Naik

10. Gariba Naik ....

Petitioners Mr.B.N. Mohapatra, Advocate -versusState of Odisha ....

Opp. Party Mr.D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

07.01.2022 03.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Learned counsel for the petitioners submits that the names of the fathers of the petitioner nos.5 and 8 have been wrongly reflected in the cause list and he may be permitted to correct the same.

Permission is granted.

Heard learned counsel for the petitioners and

// 2 // learned counsel for the State.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with G.R. Case No.391 of 2019 arising out of Badagada P.S. Case No.262 of 2019 pending in the Court of learned J.M.F.C., Sorada for alleged commission of offences under sections 147/148/294/448/395/427/506/149 of the Indian Penal Code.

Perused the F.I.R.

Considering the submission made by the learned counsel for the petitioners that there are no such materials against the petitioners so as to attract the ingredients of the offence under section 395 of the Indian Penal Code and the co-accused persons have already been released on bail by this Court in ABLAPL No.17920 of 2019 and ABLAPL No.17934 of 2019, copies of the bail orders are filed and taken on record and on hearing the learned counsel for the State, I am inclined to release the petitioners on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioners in connection with the aforesaid case, they shall be released on anticipatory bail on furnishing bail bond of Rs.

10,000/- (Rupees ten thousand) each with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that they shall make themselves available for interrogation by the I.O.

// 3 // dissuade him from disclosing any facts to the Courts or to the Investigating Officer.

Violation of any of the above conditions shall entail cancellation of bail.

The ABLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge RKM