p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK WPCRL No.168 of 2025 Mounabati Das …. Petitioner Mr. Samarendra Bahadur, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. Sanjay Rath, AGA CORAM: THE HON’BLE THE CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No. ORDER 09.01.2026 02. 1. The petitioner, resident of Village: Budei, P.O.: Tudigadia, P.S.: Soro in the district of Balasore, filed the instant petition in the nature of habeas corpus with a prayer to direct the Police to produce her brother, namely, Budhia @ Kamalakanta Das, who was arrested on 20th July, 2024 in connection with Soro P.S. Case No.607 of 2024. 2. Learned counsel submitted that the brother of the petitioner while was in Sub-Jail, Soro as aforesaid, during investigation of Khaira P.S. Case No.140 of 2024, was remanded to judicial custody. 2.1. It is submitted that the bail applications being BLAPL No.8857 of 2024 and BLAPL No.9674 of 2025 were filed for release of brother of the petitioner, which being allowed, bail bonds were furnished to the competent Court on 12th December, 2025. Though release orders were issued and transmitted to the Police authorities at Sub-Jail, Soro, the brother of the petitioner was not released. Since the family members of Budhia @ Kamalakanta Das p. 2 are kept in dark with regard to his whereabouts, this writ petition has been filed for production of brother of the petitioner. 3. On the last occasion, when the matter was listed, this Court vide order dated 19th December, 2025 has recorded the submission of the learned Additional Government Advocate that the brother of the petitioner was, in fact, released on bail on 12th December, 2025 but being found to be involved in criminal activity on 16th December, 2025, during the encounter sustained injury and was admitted to hospital for treatment. On the prayer of the learned Additional Government Advocate, this matter stood adjourned. 4. Today, when the matter was taken up, learned Additional Government Advocate furnished affidavit dated 6th January, 2026 sworn to by the Inspector-in-Charge, Soro Police Station in the district of Balasore. It is affirmed by him that upon receipt of release order from the Court of the learned Additional Sessions Judge, Soro, the brother of the petitioner, namely, Budhia @ Kamalakanta Das was released on 12th December, 2025 from Jail at about 5.30 P.M. 4.1. It is asserted in the said affidavit that on 16th December, 2025, said Budhia @ Kamalakanta Das was accosted by a police team of the Bhadrak Town P.S. at Charampa Railway Goods Shed, where he along with another person were preparing to commit a crime at a jewellery shop at Bhadrak. Perceiving apprehension by the police team, Budhia @ Kamalakanta Das opened fire at the police using a country made pistol. While trying to escape, there was exchange to fire, as a result of which not only Budhia @ Kamalakanta Das but also one Inspector, one Constable and one p. 3 Havildar sustained injuries. Said Budhia @ Kamalakanta Das was shifted to SCB Medical College and Hospital, Cuttack for treatment and was discharged on 18th December, 2025. Immediately being arrested, he was forward to the Court of the learned Sub-Divisional Judicial Magistrate, Bhadrak on the same day. It is divulged in the affidavit that Budhia @ Kamalakanta Das is presently in jail custody and is at District Jail, Bhadrak. 5. Heard learned counsel for the petitioner and learned Additional Government Advocate appearing for the State. 6. On perusal of documents enclosed to the affidavit dated 6th January, 2026 as furnished before this Court by the learned Additional Government Advocate, it is revealed from Form No.46, i.e., Warrant to Discharge Person Imprisoned on Failure to Give Security under Section 442 of the Code of Criminal Procedure, that Budhia @ Kamalakanta Das was released on bail on 12th December, 2025 by the Superintendent Sub Jail, Soro. 6.1. Copy of F.I.R. dated 16th December, 2025 of Bhadrak Town P.S. indicates that Budhia @ Kamalakanta Das has been implicated as one of the accused in connection with commission of offence liable to be punished under Sections 132/109(1) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”) read with Sections 25/27 of the Arms Act, 1959. 6.2. It is also transpired from the Arrest/Court Surrender Memo and the forwarding memo submitted by the Inspector-in-Charge, Bhadrak Town P.S. that number of criminal cases are pending against said Budhia, brother of the petitioner, and he was produced before the Sub Divisional Judicial Magistrate, Bhadrak. Page 4 of 4 6.3. Since the brother of the petitioner is now in judicial custody and lodged at the District Jail, Bhadrak, this Court do not feel that it would subserve justice to keep the instant writ petition pending as the whereabouts of the brother of the petitioner is now made known. Therefore, the WPCRL stands disposed of. (Harish Tandon) Chief Justice (M.S. Raman) Judge MRS/Laxmikant Designation: Senior Stenographer