) Prafulla Kumar Panigrahi vs State Of Odisha ..... Opposite Parties
2025 Latest Caselaw 2289 Ori

Orissa High Court

) Prafulla Kumar Panigrahi vs State Of Odisha ..... Opposite Parties on 9 January, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                               ABLAPL No.241 of 2025
            1) Prafulla Kumar Panigrahi     .....    Petitioners
            2) Namita Panigrahi                             Represented By Adv. -
            3) Ratikant Panigrahi                           Byomakesh Tripathy
            4) Madhuchhanda Panigrahi

                                            -versus-
            State Of Odisha                        .....        Opposite Parties
                                                           Represented By Adv. -
                                                           S.Jena, A.S.C.

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

                                           ORDER

09.01.2025

Order No.

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

2. Heard learned counsel for the Petitioners, learned Addl. Standing Counsel for the State. Perused the records.

3. This is an application under Section 482, B.N.S.S. filed by the Petitioners for anticipatory bail.

4. Learned counsel for the Petitioners submitted that no F.I.R. has been registered as of now.

5. Considering the aforesaid facts, there is no apprehension of arrest against the Petitioners.

While disposing of the application, this Court directs the Arresting Officer shall first explore the possibility of the applying

the principles of Section 35 (3), (4), (5) of B.N.S.S. in the case of Arnesh Kumar vs. State of Bihar reported in AIR 2014 SC 2756, in the event any F.I.R. is likely to be registered which comes within the purview of the aforesaid judgment as well as the provisions of Section 35(3), (4), (5) of B.N.S.S.

6. In such view of the matter, the ABLAPL is disposed of.

( A.K. Mohapatra ) Judge Anil

Location: High Court of Orissa