IN THE HIGH COURT OF ORISSA AT CUTTACK Ananta Patra (In BLAPL No.13856 of 2025) Babaji Patra (In BLAPL No.168 of 2026) … Petitioners Mr. J. Sahoo, Advocate (in BLAPL No.13856 of 2025) Mr. M. Acharya, Advocate (in BLAPL No.168 of2026) -versus- State of Orissa … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 03.02.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties. 3. These two applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Aska PS Case No.42 of 2025 corresponding to ST Case No.78 of 2025 pending in the Court of learned Addl. Sessions Judge, Aska for commission of offences punishable U/Ss. 103(1)/61(2)/3(5) of BNS, on the main allegation of committing murder of their own sister by entering into conspiracy with each other. Page 2 of 4 3. Heard Mr. Jyotirmaya Sahoo, learned counsel for the petitioner in BLAPL No.13856 of 2025; Mr. Manoranjan Acharya, learned counsel for the petitioner in BLAPL No.168 of 2026 and Mr. P. Satpathy, learned Addl. Public Prosecutor in the matter and perused the record. Mr. Manoranjan Acharya, learned counsel for the petitioner alternatively has prayed to grant interim bail to the petitioner-Babaji Patra for at least a period of 21/30 days as he is suffering from HIV. 4. After having considered the rival submissions upon perusal of record, there appears against the petitioners for committing murder of their own sister by entering into conspiracy with each other, but right now, nine witnesses have already been examined in the meantime, however, the trial is yet to be concluded, but the materials witnesses including the informant who is the father of the petitioners are yet to be examined. The allegations levelled against the petitioners are not only serious, but also grave. It is, however, found from the record that the petitioner-Babaji Patra is an HIV patient and he was also diagnosed with Tuberculosis for the swelling in his neck, however, he is under regular medication and treatment with periodical check-up at ART Centre, Bhanjanagar as per the impugned order and it is also stated in the impugned order that the health condition of the petitioner-Babaji Patra is stable. Undoubtedly, the petitioner Babaji Patra being an HIV patient is entitled to the benefit U/S.34(2) of the Human Immunodeficiency Viruses and Acquired Immunodeficiency Syndrome (Prevention and Control) Act, 2017 which reads thus:- “34(2). In any legal proceeding concerning or relating to an HIV-positive person, the court shall take up and dispose of the proceeding on priority basis.” 5. In the aforesaid backdrop and situation, the trial in the case of the petitioner-Babaji Patra needs to be expedited for its early disposal, but considering the seriousness of the allegation and taking into account the manner in which the deceased has been done to death and there being material witnesses like father of the petitioner still to be examined and keeping in view the apprehension of tampering of the prosecution evidence by the petitioner, this Court does not consider it proper to grant bail to the petitioners, however, this Court grants liberty to the petitioner-Babaji Patra to approach the learned trial Court afresh at least for his interim bail, if the trial is not concluded within three months hence. 6. Hence, the bail applications of the petitioners stands rejected with aforesaid liberty only to the petitioner-Babaji Patra. It is, however, made clear that in the event, the petitioner Babaji Patra approaches for interim bail, if the trial is not concluded within three months hence, the learned trial Court would pass order in accordance with law without being influenced by the present order or refusal of bail to him by the said Court itself after taking into consideration the medical condition of the petitioner-Babaji Patra, provided the petitioner-Babaji Patra co-operate the Trial. 7. Accordingly, the BLAPL Nos.13856 of 2025 & 168 of 2026 stands disposed of. 8. Issue urgent certified copy of the order as per Rules. A copy of this order be immediately transmitted to the learned trial Court. (G. Satapathy) Judge Jayakrushna