Brahmananda Bhoi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.780 of 2022

1. Brahmananda Bhoi

2. Gagan Bihari Mallick @ Gagana Mallick

3. Anil Kumar Das

4. Tukuna Bhoi

5. Himanshu Sekhar Das

6. Sangram Bhoi @ Litu Bhoi

7. Subhakanta Das @ Litu Das

8. Deepak Bhoi @ Chendu Bhoi ....

Petitioners Mr. S. Dwibedi, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

07.04.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioners and 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.02 of 2022 arising out of Govindpur P.S. Case No.01 of 2022 pending in the

// 2 // Court of learned J.M.F.C. (Rural), Cuttack for alleged commission of offences under sections 341/294/323/ 325/506/34 of the Indian Penal Code.

Perused the first information report annexed to the anticipatory bail application.

Learned counsel for the State on instruction submitted that the injured in this case is one Dilip Kumar Behera, who has sustained three simple injuries and he has received instruction that there are no criminal antecedents against any of the petitioners. Considering the submissions made by the learned counsel for the petitioners that the offences are triable by Magistrate and the only non-bailable offence is under section 506 of the Indian Penal Code, 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 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. as and when required and they shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Investigating Officer.

// 3 // 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