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Orissa High Court
Ashis Mohanty@Ashis Kumar vs State Of Odisha .... Opposite Party on 26 February, 2026
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.1001 of 2026
Ashis Mohanty@Ashis Kumar .... Petitioner
Mohanty
Mr. A. Patnaik, Advocate
-Versus-
State of Odisha .... Opposite Party
Mr. S. Panda, ASC
Mr. A.P. Bose, Advocate for the informant
AND
ABLAPL No.1068 of 2026
Soubhagya Muduli@Bunti Muduli .... Petitioner
Mr. R.K. Swain, Advocate
-Versus-
State of Odisha .... Opposite Party
Mr. S. Panda, ASC
Mr. A.P. Bose, Advocate for the informant
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
26.02.2026
Order No.
02. 1. Both the ABLAPLs are taken up together and disposed
of by the following common order.
2. Instant petitions have been filed under Section 482
BNSS by the petitioners seeking pre-arrest bail in connection
with Barang P.S. Case No.39 of 2026 on the grounds stated
therein.
3. Perused the FIR as at Annexure-1. In the said report,
two incidents have been narrated, one is dated 17th January,
2026 and the other one allegedly having taken place on 18th
January, 2026. The details of the excess committed by the
named accused persons are described therein. According to the
FIR on 17th January, 2026, one of the petitioners and other
accused persons with their accomplices reached at the spot and
did the overt acts on the point of firearm and it was informed to
the complainant that the land belongs to the other petitioner,
namely, Ashis Mohanty @ Ashis Kumar Mohanty. After the
above incident, it is further revealed therein that on 18th
January, 2026, when the complainant and his friends were at
the location, the accused persons named arrived there and
threatened them to kill and abused all in obscene language.
After the said incident dated 18th January, 2026, the report has
been lodged.
4. Learned counsels for the petitioners submit that the
other accused persons, who did the mischief have been named
in the FIR. In so far as the accused, namely, Soubhagya Muduli
@ Bunti Muduli is concerned, it is claimed that he is alleged to
be at the spot on 17th January, 2026 but not on 18th January,
2026, but apprehends arrest in view of the allegations made
therein. As to the other accused, namely, Ashis Mohanty @
Ashis Kumar Mohanty, it is submitted that he is not at all
involved but named by the complainant. It is submitted that the
said accused was neither named for the incident dated 17th
January, 2026 nor for the other incident dated 18th January,
2026. The submission is that the other accused persons present
at the spot on 17th January, 2026 took the name of the petitioner
in ABLAPL No.1001 of 2026 by claiming that the land in
question belongs to him.
5. In course of hearing, Mr. Swain, learned counsel for the
petitioner in ABLAPL No.1068 of 2026 submits that the
alleged land belongs to the father of the accused, namely,
Soubhagya Muduli @ Bunti Muduli, which is denied by Mr.
Bose, learned counsel for the informant. While claiming as
above, a copy of the RoR is submitted but Mr. Bose, learned
counsel would submit that the RoR does not belong to the same
land. As it appears, there is a dispute over the land involved, in
respect of which, the alleged incidents have taken place on 17th
January, 2026 and 18th January, 2026. The Court finds that one
of the petitioners, namely, Ashis Mohanty @ Ashis Kumar
Mohanty was not present at the spot in both the incidents. As to
the other accused, namely, Soubhagya Muduli @ Bunti
Muduli, it is alleged that he had been to the spot on 17 th
January, 2026 but was not there on 18th January, 2026.
6. The copies of the FIRs lodged are gone through. In fact,
one of the reports lodged by the local PS., wherein, the names
of the petitioners have not been revealed. For one such FIR,
Barang P.S. Case No. 38 dated 18th January, 2026 has been
registered and therein, the accused persons, who had been to
the spot and detained by the police are disclosed and the list
does not include the names of the petitioners. It is submitted by
Mr. Panda, learned counsel for the State that the accused
persons committed mischief and did vandalism, as a result of
which, properties standing over the land has been damaged,
which belongs to the informant. No material is brought to the
notice of the Court regarding any such damage caused to the
properties. But, in connection with the alleged incident, it is
informed to the Court by Mr. Panda, learned ASC that five of
the accused persons have been arrested and presently, in
custody. In so far as, the incident dated 18th January, 2026 is
concerned, it is revealed from the FIR that the accused persons,
who had been at the spot used firearms as further informed by
Mr. Panda, learned ASC for the State but again, there is no
material to show any seizure of it having been made by the
police. Under the above circumstances, since there has been a
land dispute as it appears with rival claims by the informant
and the accused, namely, Soubhagya Muduli @ Bunti Muduli,
whereas, the other accused, namely, Ashis Mohanty @ Ashis
Kumar Mohanty had never been to the spot and only named by
others, considering the same, this Court though not inclined to
grant them pre-arrest bail but is of the view that both should be
directed to surrender before the learned court below for being
released with stringent conditions imposed.
7. Accordingly, it is ordered.
8. In the result, the ABLAPL petitions stand disposed of
with a direction to the petitioners to surrender before the
learned court below within a fortnight from today in connection
with the case arising out of Barang P.S. Case No.39 of 2026
and in the event, they surrender in compliance thereof, shall be
released on bail in connection with Barang P.S. Case No.39 of
2026 on furnishing a bail bond of Rs.50,000/- (rupees fifty
thousand) each with one solvent surety for the like amount each
to the satisfaction of the court concerned, which shall be at
liberty to impose such other suitable conditions as deemed just
and proper in the facts and circumstances of the case besides
the following, such as, they shall not commit any further
mischief and cause any harm to the informant in any manner,
whatsoever and to cooperate the I.O in the investigation as and
when summoned.
9. Issue urgent certified copy of this order as per rules.
(R.K. Pattanaik)
Judge
Balaram
Designation: PERSONAL ASSISTANT
Location: OHC, CUTTACK
Date: 27-Feb-2026 12:03:28
