p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2395 of 2025 Nilakantha @ Nilkant Barik & Ors. …. Petitioner(s) Mr. Sk. Zafarulla, Adv. -versus- State of Odisha …. Opposite Party(s) Mr. Tapas Kumar Acharya, ASC CORAM: HON’BLE DR.JUSTICE S.K. PANIGRAHI Order No. ORDER 24.04.2025 F.I.R. No. Dated Police Station Case No. and Courts’ Name Sections 0336 19.11.2024 Patna Patna P.S. Case No.336/2024 corresponding to G.R. Case No.1335/2024 pending in the Court of learned J.M.F.C (CT), Keonjhar Sections 305(a)/331(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023. 01. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Petitioner and learned counsel for the State. 3. The Petitioners being in custody in connection with Patna P.S. Case No.336/2024 corresponding to G.R. Case No.1335/2024 pending in the Court of learned J.M.F.C (CT), Keonjhar registered for the alleged commission of offence under Sections 305(a)/331(3)/3(5) of the Bharatiya Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 29-Apr-2025 18:48:05 Signature Not Verified p. 2 Nyaya Sanhita, 2023 of the Bharatiya Nyaya Sanhita, 2023, have filed this application for their release on bail. 4. The brief fact of the case is that on the night of 19th November, 2024 taking advantage of absence of the informant in his house, some unknown person entered into his house and committed theft of valuable articles including cash of Rs.10,000/- of the informant, Rs.1,20,000/- of Hiralal Mahant and Rs.5,000/- of Pati Mahanta and also some gold ornaments. Accordingly, an F.I.R was lodged. Upon lodging of the F.I.R and completion of investigation, the Petitioners were remanded as they were in custody in another case. 5. Learned counsel for the Petitioners contends that the Petitioners are innocent persons and they have been falsely implicated in this case. He, accordingly, prays for allowing the Petitioners to be released on bail. 6. Learned counsel for the State vehemently opposes the prayer for bail of the Petitioners. He further submits that the Petitioners have multiple criminal antecedents. 7. Considering the submissions made on behalf of both the parties, this Court without going into the merits of the case, directs the court in seisin over the matter to release the present Petitioners on bail in the aforesaid case on some stringent terms and conditions with further conditions that: Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 29-Apr-2025 18:48:05 Signature Not Verified p. 3 i. the Petitioners shall appear before the concerned local Police Station in every fortnight between 10.00A.M. to 1.00P.M. till conclusion of the trial; ii. the Petitioners shall not indulge themselves in any criminal activities in future; iii. the Petitioners shall not tamper the evidence of the prosecution witnesses in any manner; iv. the Petitioners after the onset of monsoon, shall plant 300 saplings of local variety like mango, neem, tamarind etc. in and around their village over the Government land/ community land/ private land, if it is in the possession of the Petitioners or their family members. Violation of any of the above conditions shall entail cancellation of the bail. 8. The District Nursery/D.F.O shall extend the helping hand by supplying the saplings to the Petitioners and the Revenue Authority shall assist the Petitioners in identifying the location for plantation of the saplings. If the land is not available, the Petitioners to approach the Revenue Authority for identifying the land for plantation and the Revenue Authority shall do the needful. 9. The I.I.C. of the concerned Police Station in coordination with the local Forest Officer shall monitor; whether the Petitioners have planted the saplings or not. 10. It is further made clear that the Petitioners shall file an affidavit after plantation of the saplings before the local Police Station assuring that they will maintain those plants Designation: Personal Assistant p. 4 for two years. The said affidavit be also produced before the learned court below at the time of trial. 11. The BLAPL is, accordingly, disposed of. (Dr. S.K. Panigrahi) Judge Ayaskanta Designation: Personal Assistant