Biranchi Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3070 of 2022

1. Biranchi Naik

2. Subrat Mishra

3. Sanjeeb Kumar Mishra

4. Swarnalata Mishra ....

Petitioners Mr. M.R. Padhi, Advocate -versusState of Odisha ....

Opp. Party Mr. J.P. Patra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

11.05.2022 03.

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 Patna P.S. Case No.46 of 2022 corresponding to G.R. Case No.410 of 2022 pending in the Court of learned S.D.J.M., Keonjhar for alleged commission of offences under sections 147/148/294/ 354/325/332/353/337/338/307/506/149/171-F of the Indian Penal Code.

// 2 // Perused the first information report annexed to the anticipatory bail application.

Learned counsel for the State has produced the injury reports of the injured persons from which it appears that one Padmabati Biswal has sustained fracture injury at distal end of radius with associated soft tissue swelling. The injury report of Siba Prasad Aich has also placed by the learned counsel for the State from which it appears that he has sustained a swelling at right wrist joint.

Considering the submission made by the learned counsel for the petitioners that the allegations against the petitioners are omnibus in nature and the fact that the dispute arose during the last Gram Panchayat election and the submission made by the learned counsel for the State that the petitioners nos.1 to 4 have got one criminal antecedents, 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,

// 3 // 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 and with further condition that they shall cooperate with the investigation.

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