Biju Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7885 of 2022 Biju Naik and others ....

Petitioners Mr. D. Sethi, Advocate -versusState of Odisha ....

Opp. Party Mr. S. Mishra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

22.07.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the petitioners for anticipatory bail.

4.

The petitioners seeking pre-arrest bail in connection with G.R. Case No.410 of 2022, arising out of Patna P.S. Case No.46 of 2022 pending in the court of learned S.D.J.M., Keonjhar for commission of offence punishable under Sections 147/148/294/354/325/332/353/337/ 338/307/506/149/171-F, I.P.C.

5.

It is submitted by learned counsel for the petitioners that the dispute arose between the parties during last Panchayat Election. It is further submitted that the petitioners have been falsely implicated in the present case and on similar footing with the present petitioners, coaccused persons have already been on bail. It is also submitted by learned counsel for the petitioners that the injured sustained injuries are

// 2 // simple in nature.

6.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioners. However, it is directed that in the event the petitioners surrender before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, they shall be released on bail on such terms and conditions as would be deemed just and proper.

7.

It is further directed that the bail granted to the petitioners is subject to the condition that learned court below shall verify whether injuries sustained by the injured are grievous in nature or simple in nature. In the event it is found that the injury is grievous in nature, this bail order shall automatically stand revoked. 8.

Accordingly, the ABLAPL is disposed of.

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

Jagabandhu ( A.K. Mohapatra) Judge