Bibhuti Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2974 of 2021

1. Bibhuti Behera

2. Sudarsan Behera

3. Bikash Behera

4. Chandramani Behera

5. Sagar Behera

6. Ganga Behera

7. Tapaswini Behera

8. Rupali Behera @ Rupasi Behera

9. Swapna Behera @ Swapra Behera

10. Mama Behera @ Pravasini Behera

11. Gouri Behera ....

Petitioners Mr. J.Behera, Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

28.02.2022 05.

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

// 2 // in connection with G.R. Case No.49 of 2021 arising out of Balugaon P.S. Case No.38 of 2021 pending in the Court of learned J.M.F.C., Chilika for alleged commission of offences under sections 147/148/294/ 323/324/307/354/506/149 of the Indian Penal Code. Perused the first information report annexed to the anticipatory bail application.

Considering the submissions 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 307 of the Indian Penal Code and further taking into account the nature of accusation against the petitioners and on hearing the learned counsel for the State, who submitted that the injured Jogendra Behera has sustained simple injuries, 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

// 3 // facts to the Court 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