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2026 DAILYLAW 3377 (ORI)

BISWARANJAN BEHURA v. STATE OF ODISHA

BLAPL/1691/2026 · 2026-04-09

Gourishankar Satapathy

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1691 of 2026 Biswaranjan Behura … Petitioner Mr. A. Mishra, Advocate -versus- State of Orissa … Opposite Party Mr. C. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL):09.04.2026 02. 1. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Rajnagar PS Case No.243 of 2025 corresponding to GR Case No.308 of 2025 pending in the file of learned NGN-Cum- JMFC, Rajnagar, Dist-Kendrapada, for commission of offences punishable U/Ss.332(c)/296/115(2)/118(1)/ 109(1)/74/75/109/351(2)/3(5) of BNS, on the main allegation of assaulting the husband of the informant by sharp cutting weapon, along with co-accused persons. 2. Heard, Mr. Arijeet Mishra, learned counsel for the petitioner and Mr. C. Mohanty, learned Additional Public Prosecutor in the matter and perused the record including the certified copy of injury report as produced. Mr. Mishra, learned counsel for the petitioner by filing the surrender certificate, which is taken on record, informs the Court that the petitioner has already surrendered to custody after expiry of the interim bail. 3. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre trial detention of the petitioner in custody since 27.01.2026 with submission of charge-sheet in the meantime and taking into account the nature of injuries sustained by the injured, which are opined to be simple in nature and keeping in view the other circumstances on record in entirety including the inherent right of the accused to be presumed innocent until proven guilty at the trial and taking into account the grant of bail to co-accused Anjan Behura in BLAPL No.8570 of 2025 and last but not the least, taking into account the conduct of the petitioner in voluntarily surrendering in the Court after expiry of interim bail, this Court without expressing any view on merits admits the petitioner to bail. 4. 4. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with two solvent sureties each 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 with following conditions:- (i) the petitioner shall not contact the injured in any way or any manner and he shall not visit to the house or street of the injured till disposal of the case, (ii) the petitioner shall not threaten, induce, influence or coerce any of the witnesses including the family members of the injured acquainted with the facts of the case so as to dissuade them from disclosing such facts before the Court, (iii) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on a Sunday in each month in between 10 A.M. to 12 Noon for three(03) months from the actual date of release from the custody. 5. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. This Court, however, reserves the liberty to the informant/injured and the State to file appropriate application for cancellation of bail, if any of the conditions are violated or a case for cancellation of bail is otherwise made out. It is made clear that in such event for being approached for cancellation of bail, the learned trial Court would be at liberty to pass appropriate order in accordance with law without further reference to this Court. 6. Accordingly, the BLAPL stands disposed of. 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 Subhasmita Designation: Sr. Stenographer