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2026 DAILYLAW 28566 (ORI)

BAGHA @ MANOJ KUMAR BEHERA v. STATE OF ODISHA

BLAPL/5400/2026 · 2026-07-28

Gourishankar Satapathy

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.5400 of 2026 Bagha @ Manoj Kumar Behera … Petitioner Mr. O.P. Saran, Advocate -versus- State of Odisha … Opposite Party Mr. R.B. Mishra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL): 28.07.2026 01. 1. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Angul PS Case No. 972 of 2025 corresponding to GR Case No. 2111 of 2025 pending in the Court of learned SDJM, Angul for commission of offences punishable U/Ss.127(2)/ 296/ 103(1)/ 109(1)/ 118(1)/ 351(2)/ 191(2)/ 191(3)/ 126(2)/ 190 of BNS r/w Section 27(2) of the Arms Act , on the main allegation of attempting to the life of Soubhagya Basak and Sourav Basak by assaulting them with deadly weapons like steel cleaver (chappad; a sharp butcher knife used for cutting meat) resulting in death of Soubhaya and critically injuring Sourav. 2. Heard, Mr. Om Prakash Saran, learned counsel for the petitioner appearing virtually and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record. 3. After having considered the rival submissions upon perusal of record, the main allegation appears to p. 2 be directed against co-accused Rahul Anurag Sahu @ Rahul Anurag for assaulting the deceased and the injured with a cleaver (sharp cutting weapon), but the allegation against the Petitioner Bagha @ Manoj Kumar Behera is for instigating the co-accused and his presence at the spot. It is also allegedly stated by the witnesses that the deceased and the injured had arrived at the spot with a steel pipe. In the meantime, charge sheet has already been submitted, but the Petitioner is in custody since 04.10.2025 and co- accused Sambit Sahu @ Baba & Babu @ Bidyadhar Naik have already been granted bail by this Court in BLAPL nos. 773 & 1165 of 2026. In view of the aforesaid facts and circumstances and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the materials placed on record keeping in view the other circumstances on record in entirety including the inherent right of the accused- Petitioner to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merit admits the petitioner to bail. 4. Hence, the bail application of the petitioner stands allowed and he is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it. Page 3 of 3 5. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e- mail for reference. (G. Satapathy) Judge Priyajit