) Pabitra Sahu vs State Of Odisha ..... Opposite Parties
2024 Latest Caselaw 15574 Ori

Orissa High Court

) Pabitra Sahu vs State Of Odisha ..... Opposite Parties on 7 October, 2024

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 ABLAPL No.11166 of 2024

            1) Pabitra Sahu                      .....               Petitioners
            2) Alladini @ Allha Sahu                      Represented By Adv. -
                                                          Bikash Swain


                                          -versus-

            State Of Odisha                      .....         Opposite Parties
                                                          Represented By Adv. -

                                                          Mr.M.R.Mishra, ASC


                                 CORAM:
                   THE HON'BLE MR. JUSTICE ADITYA KUMAR
                               MOHAPATRA
                                  ORDER

07.10.2024

Order No.

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

2. This is an application under section 482 BNSS 2023 filed by the Petitioners for anticipatory bail.

3. It is stated by the learned counsel for the Petitioners that the present Petitioners are the in-law of the informant.

4. Taking into consideration the aforesaid fact and further keeping in view the judgment of the Hon'ble Supreme Court in the case of Arnesh Kumar v. State of Bihar & another reported in (2014) 8 SCC 273 the Arresting Officer is directed to first explore the possibility of applying the principles of

section 35(3)(4)(5) of BNSS as has been directed by the Hon'ble Supreme Court in the aforesaid case, in the event the same is applicable to the facts of the Petitioners' case.

5. The ABLAPL is disposed of accordingly.

6. Issue urgent certified copy of this order as per Rules.

                                         ( A.K. Mohapatra)
RKS                                            Judge








      Location: High Court of Orissa