Benudhar Nayak@ Benu v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.16458 of 2021
1. Benudhar Nayak @ Benu
2. Manamohan Parida @ Manmohan Parida @ Manua
3. Jayanta Parida @ Madhia
4. Gouranga Nayak
5. Budhimani Parida
6. Sudama Charan Nayak
7. Dhusasan Biswal
8. Sanatan Parida @ Sana
9. Krushna Chandra Parida @ Kalia
10. Dhaneswar Parida @ Natia
11. Ramakanta Biswal
12. Nityananda Biswal @ Ganga
13. Asalata Nayak @ Smt.
Asharani Nayak
14. Dayanidhi Biswal @ Daya
15. Radheshyam Bal
16. Susanta Rout @ Haguru
17. Sarbeswar Jena @ Sabara
18. Amulya Jena
19. Sarat Chandra Nayak
20. Kamalakanta Das @ Babu
21. Khageswar Nayak @ Khaga
22. Bharat Chandra Nayak @ Bharat Nayak @ Kela
23. Susanta Kumar Jena ....
Petitioners
// 2 // @ Sushant Jana @ Susanta Jena Mr. R.K. Dash, Advocate -versus1. State of Odisha
2. Bipin Bihari Mallik ....
Opp. Parties Mr. Arupananda Das, Addl. Government Advocate
CORAM:
JUSTICE S.K. SAHOO
ORDER
25.01.2022 01.
Order No.
This matter is taken up by video conferencing 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 T.R. Case No.69 of 2020 arising out of Naikanidihi P.S. Case No.65 of 2002 pending in the Court of learned J.M.F.C., Basudevpur for alleged commission of offences under sections 279/304-A of the Indian Penal Code.
Perused the F.I.R.
Since on the basis of protest petition, a complaint case was instituted and after cognizance was taken, summons have been issued and there is no apprehension of arrest, this anticipatory bail
// 3 // application is not maintainable. The petitioners are at liberty to appear before the learned Court below on receipt of the summons and move an application for bail, the same shall be disposed of as expeditiously as possible by the Courts below in accordance with law. The ABLAPL is accordingly disposed of.
Parties may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed vide Office Order dated 7th January 2022. ( S.K. Sahoo) Judge RKM