[Cites 4, Cited by 0]
Orissa High Court
Dusmanta Patra vs State Of Odisha .... Opposite Party on 9 March, 2026
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.13486 of 2025
Dusmanta Patra .... Petitioner
Mr. R.K. Swain, Advocate
-Versus-
State of Odisha .... Opposite Party
Mr. S. Panda, ASC
Mr. S.K. Panigrahi, Advocate for the Informant
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
09.03.2026
Order No.
04. 1. Heard learned counsel for the respective parties.
2. Instant petition has been filed under Section 482 BNSS
by the petitioners seeking pre-arrest bail in connection with
Birmaharajpur P.S. Case No.191 of 2025 corresponding to G.R.
Case No.406 of 2025 pending in the court of learned S.D.J.M.
Birmaharajpur on the grounds stated.
3. Perused the F.I.R. as at Annexure-1. The petitioner is a
juvenile-in-conflict with law and demands release under
Section 12 of the Juvenile Justice (Care and Protection of
Children) Act, 2015, (hereinafter referred to as 'the Act'). A
preliminary objection is raised by Mr. Panda, learned counsel
for the State on the ground that the petitioner is still to be
considered whether to be tried like an adult subject to
preliminary assessment under Section 15 of the Act by the
Juvenile Justice Board and hence, pre-arrest bail should not be
granted to him at present.
4. Larned counsel for the informant is present.
5. Mr. Swain, learned counsel for the petitioner refers to
Section 19 of the Act and a decision the Delhi High Court in
CCL 'A' Vrs. State (NCT of Delhi) AIR Online 2020 1439
to submit that even pending preliminary assessment, the
petitioner's plea for bail shall have to consider under Section 12
of the Act as any such decision by the Juvenile Justice Board
shall be subject to confirmation by the Children's Court under
Section 19 thereof. A case under Section 103(1) of the Act is
registered with the involvement of the petitioner. It is informed
to the Court by Mr. Swain, learned counsel for the petitioner
that another juvenile, namely, Lipun Mahakud has been
released on bail in the meantime. Considering the nature of
allegations revealed from the FIR as at Annexure-1 and the
circumstances leading to the alleged assault and death of the
deceased, the Court is of the considered view that the plea of
the petitioner for bail awaiting any such preliminary assessment
by the Juvenile Justice Board shall have to be dealt with under
Section 12 of the Act.
6. In fact, Mr. Panda, learned counsel for the State relies a
decision of Allahabad High Court dated 24th May, 2023 in
Criminal Misc. Anticipatory Bail Case No. 8361 of 2020
(Mohammad Zaid Vrs. State of UP & another) and
connected cases to claim that the issue involved herein was
referred to and considered therein by the Larger Bench to
contend that though it was held that the anticipatory bail is
maintainable but concluded that a juvenile or child-in-conflict
with law is subject to preliminary assessment for being
involved in a case registered for heinous offence in terms of
Section 15 of the Act. Considering the decision in Mohammad
Zaid (supra), the Court is of the view that there is no bar for
anticipatory bail vis-à-vis a juvenile and in so far as his bail
plea is concerned, it has to be held in terms of Section 12 of the
Act and any such preliminary assessment by the Juvenile
Justice Board with the approval of the Children's Court under
Section 19 thereof shall be for the purpose of trail as an adult.
Considering the law cited and discussed herein above, the
Court is of the view that there is no bar for considering any
such bail of a juvenile-in-conflict with law claiming
preliminary assessment under Section 15 of the Act. In the case
at hand, the involvement of the petitioner is alleged. It is
claimed that the petitioner is having no past antecedent
presently in the custody of his mother. Considering the above
facts and submissions of learned counsel for the respective
parties, this Court is inclined to direct the petitioner to
surrender before the court concerned to go on bail with
conditions as in the meantime the chargesheet is already filed
against him with others. The Court is of the above view, even
though, the petitioner has been chargesheeted but such release
by the orders of the learned court below shall be subject to the
conditions enumerated under Section 12 of the Act.
7. Accordingly, it is ordered.
8. In the result, the ABLAPL petition stands disposed of
with a direction to the petitioner to surrender before learned
S.D.J.M. Birmaharajpur within a fortnight from today and in
the event, he surrenders in compliance thereof, shall be released
on bail in connection with G.R. Case No.406 of 2025 on
furnishing a bail bond of Rs.50,000/- (rupees fifty thousand)
with one solvent surety for the like amount to the satisfaction of
the court below, 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 complying the directions
hereinabove with reference to Section 12 of the Act.
9. Issue urgent certified copy of this order as per rules.
(R.K. Pattanaik)
Judge
Balaram
Designation: PERSONAL ASSISTANT
Reason: Authentication
Location: OHC, CUTTACK
Date: 11-Mar-2026 11:49:09
