← Library
Orissa High CourtABLAPL/2133/2022rejected

Biswaranjan Yadav v. State Of Odisha

2022-03-22Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2133 of 2022 Biswaranjan Yadav ....

Petitioner Mr. S.R. Mulia, Advocate -versusState of Odisha ....

Opp. Party Mr. P.K. Mohanty, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

22.03.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Mrs.

Anita Sahoo, Inspector in-charge of Bentkar police station is present through virtual mode. She submits that the F.I.R. has been lodged against two persons, namely, Ranjan Behera and Subhranshu Parida and Ranjan Behera is the son of Keshab Behera.

The petitioner has mentioned his name as Biswaranjan Yadav, son of Keshaba Chandra Behera in the cause title and has also signed the vakalatnama as Biswaranjan Yadav.

When a query was made to the learned counsel for the petitioner as to whether Biswaranjan Yadav and Ranjan Behera are one and the same person, he

// 2 // responded in affirmative, however he submitted that in the Aadhar Card, the name of the petitioner has been reflected as Biswaranjan Yadav i.e. how he has mentioned the petitioner's name as Biswaranjan Yadav in the cause title as well as in the vakalatnama. The Inspector in-charge of Bentkar police station submitted that another case is pending against the petitioner i.e. Bentkar P.S. Case No.04 of 2022 registered under sections 341/307/286/336 of the Indian Penal Code and section 9B(1)(b) of the Explosives Act.

Heard the learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Bentkar P.S. Case No.05 of 2022 corresponding to G.R. Case No.60 of 2022 pending in the Court of learned J.M.F.C. (Rural), Cuttack for commission of the alleged offences punishable under sections 294/506/393/34 of the Indian Penal Code. Perused the first information report annexed to the anticipatory bail application.

In view of the criminal antecedent of the petitioner, while not inclining to grant anticipatory bail to the petitioner, it is observed that in the event the petitioner surrenders and moves for bail in the Court below within a period of four weeks from today, the same shall be disposed of by the learned Courts below

// 3 // in accordance with law expeditiously. The case records shall be made available to the Court concerned. The ABLAPL stands disposed of.

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

( S.K. Sahoo) Judge RKM