RABINDRA @ RABINDRA KUMAR PANDA @ POKARA v. STATE OF ODISHA
BLAPL/2732/2026 · 2026-04-29
V Narasingh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7917 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7917 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 2732 of 2026
1. Rabindra @ Rabindra Kumar Panda @ Pokara
2. Sachin Panda @ Bajia …. Petitioners
Mr. A.K. Sahoo, Advocate
-versus-
State of Odisha …. Opposite Party Mr. C.R. Swain, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 29.04.2026
02.
1. Heard learned counsel for the Petitioners and
learned counsel for the State.
2. The Petitioners are accused in connection with G.R. Case No.87 of 2026, pending on the file of learned S.D.J.M., Kendrapara, arising out of Mahakalapada P.S. Case No.23 of 2026 for commission of the alleged offence under Sections 3(5)/ 109(1)/ 118(1)/ 118(2)/ 117(2) /115(2)/ 296 /126(2)/ 3(5) of BNS, 2023 read with Section 25 (1)(a) of Arms Act.
3.
Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of p. 2 the Petitioners relating to the aforementioned P.S. case is pending in any other Court.
4. Being aggrieved by the rejection of his application for bail U/s.483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by the learned Additional District & Sessions Judge, Kendrapara by order dated 02.02.2026 in the aforementioned case, the present BLAPL has been filed.
5. The case of the prosecution, in short, is that on 12.01.2026, Informant lodged a written report alleging therein that his brother was working in Bilipada rice mill and on that day, while the construction work regarding the boundary wall of the said rice mill was going on, at that time Petitioner No.1 arrived there and abused his brother. On getting such information, the informant reached there and tried to handle the situation and Petitioner No.1 went away.
But after some time, when Informant and his brother returned to their house by a motor cycle, on the way, the Petitioners stopped their motor cycle and assaulted them by means of deadly weapons for which his brother sustained bleeding injury on his head. While Informant tried to rescue his brother, the Petitioners along with the co-accused assaulted him by means of Thenga. Hearing hulla, some local p. 3 people present at the spot rescued them and shifted them to the nearly hospital for treatment but due to seriousness his brother shifted to Cuttack for better treatment. Now he is under treatment in a private hospital. Basing on such report, the aforementioned P.S. case was registered.
6. It is submitted by the learned counsel for the Petitioners that the Petitioners are in custody since 13.01.2026 for committing the offence inter alia under Section 109 of BNS.
7. It is submitted by the learned counsel that since charge sheet has already been filed on 08.04.2026, the Petitioners may be released on bail.
8. It is the further submission of the learned counsel that the bail application of the co-accused was subject matter of consideration of this Court in BLAPL No.1521 of 2026 and by order dated 25.03.2026 the co-accused Biswarani Panda @ Kali was granted bail whereas bail application of co- accused Adityanarayan Panda @ Budha was rejected.
9.
Learned counsel submits that the Petitioners are at all fours with the co-accused Biswarani Panda @ Kali.
10.
Learned counsel for the State opposes the prayer for bail. p. 4
11. This Court perused the statement of the victim as submitted by the learned counsel for the Petitioners.
12. Considering the same since the overt act has been attributed to Petitioner No.2, this Court is not inclined to entertain the bail application of Petitioner No.2 (Sachin Panda @ Bajia) at this stage.
13. Liberty is granted to Petitioner No.2 to renew his prayer before the learned Court in seisin which shall be considered on its own merit. Ground of parity shall also be taken into account, if so urged.
14. So far as Petitioner No.1 is concerned, taking into account the nature of allegation qua Petitioner No.1, this Court directs the Petitioner No.1 (Rabindra @ Rabindra Kumar Panda @ Pokara) to be released on bail on such terms to be fixed by the learned Court in seisin.
15. Accordingly, the BLAPL stands disposed of.
16. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH)
Judge Ayesha