Madan Mohan Biswal vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 11393 Ori

Orissa High Court

Madan Mohan Biswal vs State Of Odisha .... Opposite Party on 16 December, 2025

Author: V. Narasingh

Bench: V. Narasingh

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                    ABLAPL No. 12317 of 2025

            1. Madan Mohan Biswal         ....       Petitioners
            2. Manorama Biswal
            3. Sonali Biswal
            4. Rupali Biswal
                                     Mr. S.K. Mishra, Advocate
                               -versus-

        State of Odisha                   ....   Opposite Party

                                            Mr. S. Panda, ASC
                                 Mr. S. Dash, Adv. (Informant)

                     CORAM: JUSTICE V. NARASINGH
                                 ORDER

Order No.                      16.12.2025
02.   1.      Heard learned counsel for the Petitioners,

learned counsel for the State and learned counsel for the Informant.

2. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.701 of 2025 pending on the file of learned J.M.F.C., Pattamundai arising out of Pattamundai Rural P.S. Case No.397 of 2025 for commission of offences punishable under Sections 115(2)/ 117(2)/ 118(1)/ 126(2)/ 296/ 3(5)/ 351(2)/ 351(3) of BNS.

3. It is submitted by the learned counsel for the Petitioners that exaggerated allegations have been made. Hence, the Petitioners may be protected by pre-arrest bail.

4. Learned counsel for the State as well as informant oppose the prayer for pre-arrest bail.

5. It is submitted by the learned counsel for the State that notwithstanding the injuries are stated to be simple one of them is on the left forehead and they corresponds to the allegations.

6. It is also brought to the notice of this Court that so far as antecedents are concerned, the Petitioner No.1 was cited as an accused in G.R. Case No.47 of 2012 arising out of Pattamundai P.S. Case No.31 of 2012 and Petitioner No.1, who was accused No.4, in the said case faced trial in S.T. Case No.105 of 2013 and by judgment dated 09.01.2015 the learned Sessions Judge, Kendrapara acquitted him. As such, save and except there is no other case.

7. Copy of the said judgment is taken on record.

8. Considering the nature of allegation and the injury report and the counter case, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of any other antecedent than the one in which the Petitioner No.1 has acquitted.

9. If it comes to the fore that the Petitioners have any other criminal antecedent than the one in

which the Petitioner No.1 has acquitted, this order shall not be given effect to.

10. It is needless to state that the Petitioners shall cooperate with the ongoing investigation.

11. Accordingly, the ABLAPL stands disposed of.

12. U.C.C. as per rules.

(V. NARASINGH) Judge Santoshi

Location: High Court of Orissa, Cuttack