Krushna Mohan Patra v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.6317 of 2022
1. Krushna Mohan Patra
2. Jagamohan Patra
3. Haramohan Patra
4. Manamohan Patra
5. Sarat Kumar Patra
6. Brahmajit Patra
7. Biswojit Patra ....
Petitioners Mr. S. Pattanayak, Advocate -versusState of Odisha ....
Opp. Party Mr. Rajesh Tripathy, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
29.06.2022 01.
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 Nimapara P.S. Case No.171 of 2022 corresponding to G.R. Case No.490 of 2022 pending before the learned J.M.F.C., Nimapara for commission of alleged offences under sections 341/294/323/354/427/379/506/34 of the Indian Penal Code.
Perused the F.I.R. annexed to the anticipatory bail application. In view of the specific overt-act alleged against petitioners no.5 Sarat Kumar Patra, petitioner no.6 Brahmajit Patra and petitioner no.7
// 2 // Biswojit Patra, while not inclining to grant anticipatory bail to them, it is observed that in the event they surrender in the learned Court below and move for bail, the learned Courts below shall dispose of the same in accordance with law expeditiously. The case records shall be made available to the Courts concerned for disposal of the bail application. So far as petitioner no. 1 Krushna Mohan Patra, petitioner no.2 Jagamohan Patra, petitioner no.3 Haramohan Patra and petitioner no.4 Manamohan Patra are concerned, in absence of any specific overt-act against them and since the offences are triable by Magistrate and on hearing the learned counsel for the State, I am inclined to release petitioners nos. 1 to 4 on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioners nos.
1 to 4 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 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.
Issue urgent certified copy as per Rules.
( S.K. Sahoo) Judge PKSahoo