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2025 DAILYLAW 2387 (ORI)

SUBRAT PATRA v. STATE OF ODISHA

CRLA/1364/2025 · 2026-03-16

Gourishankar Satapathy

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.1364 of 2025 Subrat Patra & another … Appellants Mr. S.K.Joshi, Advocate -versus- State of Odisha … Respondent Mr. R.B.Mishra, Addl.PP CORAM:JUSTICE G. SATAPATHY Order No. ORDER(ORAL):16.03.2026 02. 1. This appeal under Section 101 of the Juvenile Justice (Care & Protection of Children) Act, 2015 (in short, “the Act”) by the appellants is directed against the impugned order dated 18.10.2025 passed by the learned Addl. Sessions Judge-cum-Special Judge, Children’s Court, Sundargarh in Special GR Case No. 24/11 of 2025 arising out of Dharuadihi PS Case No. 04 of 2025 refusing to grant bail to Child-in-Conflict with law (CICLs) who are represented by their father guardian in this criminal appeal for commission of offence punishable U/S. 103(1) of BNS, on the main allegation of committing murder of the deceased Landu @ Chandan Dharua by assaulting him with knives along with co-accused persons. 2. Heard, Mr. Sushanta Kumar Joshi, learned counsel for the appellants-petitioners and Mr. R.B.Mishra, learned Addl. PP in the matter and perused the record including the SIR of the CICLs. Page 2 of 3 3. It can hardly be disputed that bail to the CICL is the rule, but their detention is exception, however, the only circumstance under which bail can be refused to a CICL, if there exists reasonable grounds for believing that release of the CICL would bring him into association with any known criminal or expose him to moral, physical or psychological danger or release of CICL would defeat the ends of justice. In this case, the allegation against the CICLs for entering into conspiracy with adult co-accused persons to eliminate the deceased itself indicative of the circumstances that they are already in bad association and release of the CICLs would in the circumstance appears to be not in the interest of justice. Further, the allegation depicts that the CICLs and others had purchased knives to eliminate the deceased and the CCTV footage also reveals about dragging of the deceased to another place and the motive behind the crime allegedly stems from a dispute between the co-accused and the deceased. 4. In the aforesaid facts and circumstance and taking into consideration the grounds that are available for a CICL for grant of bail being not available to the CICLs herein and keeping in view the circumstance under which the deceased was done to death and taking into account the opinion of the District Probation Officer, Sundargarh in the SIR of the CICLs, this Court p. 3 does not find any good ground to admit the petitioners to bail. 5. Hence, the Criminal Appeal stands dismissed and the impugned order is hereby confirmed. A copy of this order be immediately transmitted to the learned Court/forum in seisin over the matter for reference. (G. Satapathy) Judge kishore