Biswanath @ vs State Of Odisha .... Opposite Party on 2 May, 2026

Author: V. Narasingh

Bench: V. Narasingh

  IN THE HIGH COURT OF ORISSA AT CUTTACK
           ABLAPL No. 4303 of 2026

1.Biswanath @
Biswonath Manna         ....         Petitioners
2.Subash Manna
3.Kanchan Manna
4.Amar Manna
                        Mr. S.K. Patri, Advocate

                   -versus-

State of Odisha         ....     Opposite Party

                          Mr. S. Panigrahi, ASC

           ABLAPL No. 4306 of 2026

1.Indrajit Patra
2.Ajit Patra            ....         Petitioners
3.Sabita Patra
4.Debaki Patra
                        Mr. S.K. Patri, Advocate

                   -versus-

State of Odisha         ....     Opposite Party

                          Mr. S. Panigrahi, ASC
           ABLAPL No. 4369 of 2026

1.Biswajit @Biswojit
Padhiary                ....         Petitioners
2.Ranjit Padhiary
3.Mamuni Padhiary
4.Buddhdeb @
Budhadeba Patra
5.Surama Patra
                        Mr. S.K. Patri, Advocate

                   -versus-


                                              Page 1 of 5
         State of Odisha            ....       Opposite Party

                                        Mr. S. Panigrahi, ASC

                    ABLAPL No. 4370 of 2026

        1.Adaitya @ Adeitya
        Mandal               ....          Petitioners
        2.Parbati Mandal
        3.Ramakrishna Mandal
        4.Pravat Mandal
        5.Sujan Mandal
        6.Madan Mandal
                             Mr. S.K. Patri, Advocate

                             -versus-

        State of Odisha            ....       Opposite Party

                                        Mr. S. Panigrahi, ASC
                    CORAM: JUSTICE V. NARASINGH
                                 ORDER

02.05.2026 Order No.

01. 1. Since all the matters arise out of same F.I.R, they are heard together and disposed of by this common order on the consent of the parties.

2. Heard learned counsel for the Petitioners and learned counsel for the State.

3. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No. 2513 of 2025 pending on the file of learned SDJM, Kendrapara, arising out of Jamboo Marine P.S. Case No.257 of 2025 for commission of offences punishable under Sections 121/ 126(2)/ 190/ 191(2)/ 191(3)/ 221/ 296/ 351(2)/ 49/ 61(2) of the BNS.

4. The allegation in essence against the Petitioners is that they refused to show documents of ownership of the land being cultivated by them and in the process, had altercations with law enforcing authorities, thereby resulting in the institution of the aforementioned F.I.R.

5. It is submitted by the learned counsel that competing claims, inter se, between the parties are subject matter of civil litigation though the details have not been furnished. Hence, referring to the background in which the allegations have been made, learned counsel for the Petitioners seeks release.

6. Such submission is opposed by the learned counsel for the State and it is also brought to the notice of this Court that the Petitioner in ABLAPL No.4306 of 2026 is involved in the following three cases.

"(1) Jamboo Marine P.S Case No 256 of 2025 U/S-296/126(2)/303(2)/351(2)/395) BNS (II) Jamboo Marine PS Case No 259 of 2025 U/S-

191(2)/191(3)/126(2)/303(2)/61(2)/49/35 1(2)/296/190 BNS (III) Jamboo Marine P.S Case No 19 of 2026 U/S 296/115(2)/74/76/351(2)/3(5) BNS."

7. Considering the nature of allegations, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioners in ABLAPL No.4303, 4369 and 4370 of 2025 shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

8. So far as the Petitioners in ABLAPL No.4306 of 2026 is concerned, (Indrajit Patra, Ajit Patra, Sabita Patra, Debaki Patra), this Court is not inclined to entertain the application for pre-arrest bail in respect of Petitioners in ABLAPL No.4306 of 2026 is concerned, (Indrajit Patra, Ajit Patra, Sabita Patra, Debaki Patra). However, it is directed that the Petitioners in ABLAPL No.4306 of 2026 is concerned, (Indrajit Patra, Ajit Patra, Sabita Patra, Debaki Patra) may surrender before the learned SDJM, Kendrapara in connection with the aforementioned case within one month from today.

In the event of their surrender and motion for bail, the same be considered by the learned SDJM, Kendrapara on merits, in the first hour of the day.

In the event of rejection of the prayer for bail by the learned SDJM, Kendrapara, the Petitioners in ABLAPL No.4306 of 2026 is concerned, (Indrajit Patra, Ajit Patra, Sabita Patra,

Debaki Patra) are at liberty to move the higher forum for bail in the second hour on the same day.

9. On being so moved, the higher forum is requested to make an endeavour to dispose of the bail application of the Petitioners in ABLAPL No.4306 of 2026 is concerned, (Indrajit Patra, Ajit Patra, Sabita Patra, Debaki Patra) on the same day on merit in accordance with law. ` The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioners in ABLAPL No.4306 of 2026 is concerned, (Indrajit Patra, Ajit Patra, Sabita Patra, Debaki Patra) and learned SDJM, Kendrapara is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application.

Ground of Parity, if any, may be considered by the learned court (s) below.

10. The ABLAPL is accordingly disposed of.

(V. NARASINGH) Judge Soumya

Signed by: SOUMYA RANJAN SAMAL

Location: High Court of Orissa Date: 04-May-2026 20:32:15