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2026 DAILYLAW 7809 (ORI)

BUDHIA @ KAMALAKANTA DAS v. STATE OF ODISHA

BLAPL/3360/2026 · 2026-04-29

S K Panigrahi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 3360 of 2026 Budhia @ Kamalakanta Das ..…... Petitioner(s) Mr. Samarendra Bahadur, Adv. -Versus- State of Odisha ………. Opposite Party(s) Mr. Sonak Mishra, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 29.04.2026 Order No. 01. FIR No. Dated Police Station Case No. and Courts’ Name Sections 901 03.11.2025 Soro C.T. Case No.1740 of 2025 pending in the court of learned J.M.F.C., Soro Sections 111(6)/111(4)/112/305(a)/ 305(e)/331(4)/332(b)/61(l) of the BNS, 2023 read with Sections 25/27 of the Arms Act 1. This matter is taken up through hybrid arrangement. Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 30-Apr-2026 13:27:29 Signature Not Verified 2. Heard learned counsel for the parties. 3. The Petitioner being in custody in Soro P.S. Case No. 901 of 2025, corresponding to C.T. Case No.1740 of 2025 pending in the court of learned J.M.F.C., Soro , registered for the alleged commission of offences under Sections 111(6)/111(4)/112/305(a)/305(e)/331(4)/332(b)/61(l) of the BNS,2023 read with Sections 25/27 of the Arms Act, has filed this petition for his release on bail. 4. The brief fact of the case is that the informant, the Deputy Administrator who was in-charge of Store House, Soro lodged the FIR before Soro PS alleging that on 03.11.2025 at 6 A.M., he got a telephonic information from the Night Watchman and when he switched on the light of the new court building, discovered that the padlocks of the grill gate of the building has been broken and there was theft in Sessions Store house located on the ground floor of the said building. After receipt of the information, he proceeded to the spot immediately and found that the latch of the Sessions Storehouse had been broken and the items were lying scattered therein. Some valuables like seized gold, silver, cash, etc., kept in an Aluminum box were missing. Other items relating to NDPS cases, like Brown Sugar, have been Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 30-Apr-2026 13:27:29 Signature Not Verified stolen from the storehouse. Then he informed the Judge-in- Charge, Storehouse, who instructed him to report the matter at the PS. 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 contends that at the time of the occurrence, the present Petitioner was in jail custody in another case. He further submits that the Petitioner has been implicated in this case based on the confessional statement of the co-accused persons. The Petitioner has been in custody since 12.02.2026. 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 every alternate Sunday between 10.00 A.M. to 12.00 P.M. till conclusion of the trial.; Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 30-Apr-2026 13:27:29 Signature Not Verified ii. The Petitioner shall appear before the learned court in seisin over the matter on each date of posting of the case; iii. The Petitioner shall not indulge himself in any criminal offence while on bail. iv. The Petitioner shall not tamper the evidence of the prosecution evidence in any manner. 8. Violation of any of the above conditions shall entail cancellation of the bail. 9. The BLAPL is, accordingly, disposed of. ( Dr. Sanjeeb K Panigrahi) Judge Murmu Designation: P.A.