Orissa High Court
B. Mohan Patra @ vs State Of Odisha …. Opposite Party on 10 April, 2025
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 2605 of 2025
1. B. Mohan Patra @ .... Petitioners
Badakala Mohan
Patra
2. K.Narisumulu
Reddy @
K.Narsimulli
Reddy
3. B.Srinibas Patra
@ Bangari
Srinibas Patra
Mr. J. Sahoo, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. R.B. Dash, ASC
ABLAPL No. 2621 of 2025
1. S. Ganesh Patra @ .... Petitioners
Sinagu Ganesh
Patro
2. Ch. Dileswar
Patro @
Ch.Dileswar Patra
3. S. Gopal Reddy @
Sadi Gopal Reddy
4. Ch. Laxman Patro
5. N.Raghunath
Reddy @ Nanduka
Raghunatha
Reddy
Mr. J. Sahoo, Advocate
-versus-
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State of Odisha .... Opposite Party
Mr. R.B. Dash, ASC
ABLAPL No. 2637 of 2025
1. P. Taraneya .... Petitioners
Reddy @ P.
Tareneya Reddy
@ P. Tarina Reddy
2. P. Narisumulu
Reddy @ Panapa
Narisumulu Reddy
@ P. Narsimul
Reddy
3. S. Lachumaya
Reddy @ S.
Lachhmeya Reddy
4. P. Krishna Reddy
5. K. Suresh Reddy
@ Kata Suresh
Reddy
6. N. Sitamma
Reddy @ N.
Sitama
7. N. Joshoda Reddy
@ N. Jasoda
Reddy @ N.
Jashoda Reddy
8. Ch. Karamaya
Patra @ Ch.
Kurmeya Patra @
Chini Kurameya
Patra
9. Haribandhu Sahu
Mr. J. Sahoo, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. R.B. Dash, ASC
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CORAM: JUSTICE V. NARASINGH
ORDER
10.04.2025
Order No.
01. 1. Since all the ABLAPLs relate to the same FIR,
on the consent of the learned counsel for the
Petitioners and learned counsel for the State, they
are taken up together and are disposed of by this
common order.
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.216 of 2023 pending
on the file of learned S.D.J.M., Chatrapur, arising out
of Chamakhandi P.S. Case No. 48 of 2023 for
commission of offences punishable under Sections 147/
148/ 186/ 188/ 294/ 307/ 323/ 353/ 387/ 447/ 506/
120(B)/ 149 of I.P.C..
4. This is the second journey of the Petitioners to
this Court.
5. Admittedly, all the Petitioners were before this
Court in ABLAPL No.13606 of 2024 which was disposed
of by this Court by order dated 06.02.2024 directing
Petitioners to be released on bail on surrendering
subject to verification of criminal antecedent.
6. It is submitted by the learned counsel for the
Petitioners that during the disposal of the earlier bail
application, it could not be brought to the notice of this
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Court that the Petitioners have antecedents and the
same was out of inadvertence and there was no willful
laches. Hence, that ought not to weigh with this Court
in considering this present ABLAPL.
7. It is his further submission that so far as bail
applications are concerned, there is no embargo to file
successive bail application and more so in case of
anticipatory bail.
8. Learned counsel for the State does not oppose
such proposition of law. But, it is submitted that the
Petitioners deliberately did not bring the antecedent to
the notice of this Court and since they had approached
this Court with unclean hand, they ought not to be
granted the special relief of pre-arrest bail.
9. Learned counsel for the Petitioners submits that
the Petitioners are implicated for commission of offence
under Section 506 of the IPC.
10. Taking into account generality of the allegations
and the manner in which the same has been made and
the release of the co-accused on pre-arrest bail, 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 criminal antecedent as to whether any
of the Petitioners are involved in commission of any
sessions triable offence.
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11. If it comes to the fore that any of the
Petitioners are liable for sessions triable offence, this
order shall not be given effect to qua the said
Petitioners.
12. Before releasing the learned Court shall verify
as to whether order of this Court has been assailed
before the Apex Court and if so, the result thereof.
13. It is needless to state that the Petitioners shall
cooperate with the ongoing investigation.
14. Accordingly, the ABLAPLs are disposed of.
15. U.C.C. as per rules.
(V. NARASINGH)
Judge
Santoshi
Signature Not Verified
Digitally Signed
Signed by: SANTOSHI LENKA
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 12-Apr-2025 14:09:50
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