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2025 DAILYLAW 81925 (ORI)

LAXMIDHAR BISWAL @ MITU v. STATE OF ODISHA

BLAPL/13118/2025 · 2025-12-19

S K Panigrahi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 13118 of 2025 Laxmidhar Biswal @ Mitu ..…... Petitioner(s) Mr. Jagajiban Pradhan, Adv. -versus- State of Odisha .….... Opposite Party Mr. Sonak Mishra, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 19.12.2025 Order No. 01 F.I.R. No. Dated Police Station Case No. and Courts’ Name Sections 235 26.08.2025 Baliapal C.T. Case No.729 of 2025 pending in the court of learned J.M.F.C., Basta Sections 331(3)/305(a)/3( 5) of BNS 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Parties. 3. The Petitioner being in custody in Baliapal P.S. Case No. 235 of 2025 corresponding to C.T. Case No.729 of 2025 pending in the court of learned J.M.F.C., Basta, registered for the Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 22-Dec-2025 19:35:27 Signature Not Verified 2 alleged commission of offences under Section 331(3)/305(a)/3(5) of BNS, 2023, has filed this petition for his release on bail. 4. The brief fact of the case is that the informant is the dealer of pesticide and kept the pesticide packets and medicines in the godown. On 09.07.2025 morning when he opened his godown, found some pesticide packets and medicines were scattered. On verification of CCTV footage, he came to know that the accused/petitioners have committed theft pesticide packets and medicines from his godown. It is also noticed that from 04.11.2024 the pesticides worth of Rs.25 lakhs to Rs.30 lakhs were stolen from his godown by the accused persons. On the basis of the written report, the investigation is carried on. During investigation, the accused/petitioners were arrested and confessed that they have committed theft of pesticides and used the same in their paddy field and betel vine. Hence, this case. 5. Learned counsel for the Petitioner submits that the Petitioner is no way connected with the offences as alleged by the prosecution in any manner. He further submits that nothing has been seized from the exclusive possession of the Petitioner. The Petitioner is in custody since 10.11.2025. Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 22-Dec-2025 19:35:27 Signature Not Verified 3 Hence, he submits that the Petitioner may be enlarged on bail. 6. Learned counsel for the State vehemently opposes the prayer for bail, emphasizing the seriousness of the allegations. 7. Without going into the merit of the case and based on the facts and circumstances of the case, it is directed that the Petitioner be released on bail in the aforesaid case with some stringent terms and conditions as deemed just and proper by the learned court in seisin over the matter with further conditions that:- i. The Petitioner shall appear before the local Police Station on 1st Monday of every month between 10 A.M. to 1.00 P.M.; ii. The petitioner shall not indulge himself in any criminal offence while on bail. iii. The petitioner shall not tamper the evidence of the prosecution evidence in any manner. Violation of any of the above conditions shall entail cancellation of the bail. 8. The BLAPL is, accordingly, disposed of. ( Dr. Sanjeeb K Panigrahi) Judge Murmu Designation: P.A.