Kishore Kumar Majhi vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 3338 Ori

Orissa High Court

Kishore Kumar Majhi vs State Of Odisha .... Opposite Party on 11 August, 2025

Author: V. Narasingh

Bench: V. Narasingh

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                     ABLAPL No. 5956 of 2025

        Kishore Kumar Majhi                ....         Petitioner
                                       Mr. P.K. Sahoo, Advocate
                                -versus-

        State of Odisha                    ....    Opposite Party
                                                Mr. S. Panda, ASC

                     CORAM: JUSTICE V. NARASINGH
                                 ORDER

Order No.                      11.08.2025
03.   1.      Heard learned counsel for the Petitioner and
      learned counsel for the State.

2. The Petitioner is seeking pre-arrest bail in connection with C.T. Case No.186 of 2025 pending on the file of learned S.D.J.M., Athagarh, arising out of Athagarh P.S. Case No.73 of 2025 for commission of offences punishable under Sections 318(4) of BNS read with Section 66(D) of I.T. Act.

3. It is submitted by the learned counsel that the allegation against the present Petitioner is that the Petitioner in connivance with the co-accused, who has been taken into custody, has mortgaged gold in the bank to obtain loan.

4. It is further submitted by the learned counsel for the Petitioner that the Petitioner is not a named accused and taking into account the nature of allegation, he may be protected by pre-arrest bail.

5. Such submission is opposed by the learned counsel for the State and submits that the Petitioner has one criminal antecedent i.e. Nayagarh P.S. Case No.210 of 2016 under Section 302 of IPC.

6. Per contra, learned counsel for the Petitioner submits that the Petitioner has been acquitted in the said case by judgment dated 22.01.2022 in S.T. Case No.38 of 2020.

7. Taking into account the nature of allegations and the modus operandi adopted by the present Petitioner, this Court finds substance in the submission of the learned counsel for the State that the Petitioner is not entitled to the exceptional remedy of pre-arrest bail.

8. Hence, this Court is not inclined to entertain the application for pre-arrest bail. However, in the event the Petitioner surrenders before the learned Court in seisin in the aforesaid case and moves an application for his release on bail, the same shall be considered on its own merit.

9. Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH) Judge Santoshi

Location: High Court of Orissa, Cuttack