p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3225 of 2026 Prakash Behera @ Nikhil Behera …. Petitioner Mr. Siddharth Goutam Das, Advocate -versus- State of Odisha …. Opp. Party Mr. Jateswar Nayak Nayak, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 06.05.2026 02. 1. The petitioner is an accused in connection with Larambha P.S. Case No.270 of 2025 corresponding to G.R. Case No.1480 of 2025 registered for the alleged commission of the offences punishable under Sections 303(2)/ 61(2)/ 317(4) of the BNS, 2023, pending in the Court of the learned Additional Sessions Judge, Patnagarh. The petitioner had approached the learned Additional Sessions Judge, Patnagarh in Sessions Case No.18 of 2026 praying for grant of bail. The learned Court below vide its order dated 20.03.2026 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of BNSS, 2023 praying for enlargement on bail. 2. Learned counsel for the petitioner, on instruction from the petitioner, submits that except the present bail application, no other bail application of the petitioner is p. 2 pending in any other Court relating to the aforesaid F.I.R. 3. The prosecution case is that on 17.11.2025, the complainant lodged a written report at the P.S. alleging that on 16.11.2025 night, some unknown culprits committed theft of about 900 meters Electric Aluminium wire (11000 Volts) from the Electric Transformer of village Primary School. On 17.11.2025 at about 8 A.M., he came to know about the occurrence. After that, he along with others of his village informed about the matter to the J.E. of Electric Department. Hence, the case. 4. Learned counsel for the petitioner submits that the co- accused persons namely Sanjaya Tandi in BLAPL No.1468 of 2026 and Nrupa Bagarty & others in BLAPL No.1630 of 2026 have already been admitted to bail by the Coordinate Bench of this Court vide order dated 25.03.2026 even though they have criminal antecedents. Therefore, the petitioner is entitled to bail on the ground of parity. 5. Learned counsel for the State opposed the prayer for bail on the ground that the petitioner has 10 criminal antecedents in the present case. The petitioner has been in custody since 05.01.2026. 6. Regard being had to the nature of allegation against the petitioner, the period of custody of the petitioner since 05.01.2026 and since the co-accused persons those who have also criminal antecedents, have already been admitted to bail by the Coordinate Bench of this Court, I am inclined to enlarge the petitioner on bail. Page 3 of 3 Subhasis 7. Hence, the petitioner is directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions: (i) He shall not leave the jurisdiction of the trial Court till the disposal of the trial; (ii) He shall appear before the trial Court on each date on which the case is posted for trial without fail; (iii) He shall not tamper with the evidence in any manner whatsoever; (iv) He shall not commit any offence while on bail, and (v) He shall be released on bail subject to verification of similar type of antecedents. In the event the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. 8. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Designation: Personal Assistant Location: High Court of Orissa, Cuttack. Date: 06-May-2026 19:19:48