Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 5534 (ORI)

RAGHU BEHERA @ RAGHUPRASAD v. STATE OF ODISHA

BLAPL/819/2026 · 2026-03-24

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.819 of 2026 Raghu Behera @ Raghuprasad … Petitioner Mr. A. Tripathy, Advocate -versus- State of Orissa … Opposite Party Mr. R.B. Mishra, Addl. PP Mr. A.N. Samantray, Advocate (Informant) CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL):24.03.2026 02. 1. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Tangi PS Case No.370 of 2025 corresponding to ST Case No.191 of 2025 pending in the file of learned 1st Additional Sessions Judge, Khordha, for commission of offences punishable U/Ss.296/115(2)/103/3(5) of BNS, on the main allegation of supplying sword to his father, who in turn assaulting the deceased Arabinda Behera to death by means of such sword in furtherance of their common intention. 2. In the course of hearing, Mr. Amitav Tripathy, learned counsel for the petitioner submits that even if the materials on record are taken into consideration, only the allegation of supplying the sword to the principal accused is forthcoming against the petitioner, but the petitioner being a young boy of 18 years has neither any intention to murder the deceased nor has he committed the crime and, thereby, the petitioner having detained in custody since 26.05.2025 may kindly be granted bail. 2.1. On the other hand, Mr. Anugraha Narayan Samantray, learned counsel enters appearance for the p. 2 informant in the Court today by filing Vakalatnama, which is taken on record, by placing the statement of the witness Mrutyunjaya Behera prays to reject the bail application of the petitioner. 2.2. Similarly, Mr. R.B. Mishra, learned Additional Public Prosecutor by placing the statement of the witness Manini Behera prays to reject the bail application of the petitioner. 3. After having considered the rival submissions upon perusal of record, there appears allegation against the father of the petitioner for being engaged in a scuffle between him and the deceased, but the allegation against the petitioner is for supplying a sword to his father who allegedly assaulted the deceased to death by means of such sword. In the aforesaid facts and circumstance and taking into account the nature and gravity of the offences as alleged against the petitioner vis-à-vis the allegation sought to be brought against him and regard being had to the eye witnesses’ account to the occurrence and keeping in view the other circumstances on record in entirety, this Court is not inclined to grant bail to the petitioner at this stage. 4. Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. A copy of this order be immediately transmitted to the learned Court in seisin over the matter. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer