Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2122 of 2026
Biswajit Parida …. Petitioner(s)
Mr. Suryakanta Dash, Advocate
-versus-
State of Odisha …. Opposite Party(s)
Mr. Partha Sarathi Nayak, AGA
CORAM: JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER 22.04.2026
01.
1. Heard.
2. The petitioner is an accused in connection with Jankia P.S. Case No.474 of 2025 corresponding to G.R. Case No.961 of 2025 on the allegation of the commission of the offences under Sections 310(4)/310(5) of B.N.S., 2023 read with Section 25 of the Arms Act pending in the Court of the learned JMFC (City), Khurda.
3.
Learned counsel for the petitioner, on instruction from the petitioner, submits that, except p. 2 the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.
4. The prosecution case, in brief, is that the Sub- Inspector of Police, Jankia P.S., Khurda, lodged a plain paper information on 22.11.2025, inter alia alleging that while on night patrolling duty, he received a tip-off that certain antisocial persons, armed with deadly weapons such as pistols, swords, and iron rods, had assembled near Bagheiput Chowk and were making preparations to commit highway dacoity. Upon reaching the spot, under the direction of the I.I.C., six persons were found present, out of whom three persons, including the present petitioners, were apprehended, while the remaining three managed to escape. On personal search, a country-made pistol, bhujali, and katari were recovered from the apprehended persons. It is specifically alleged that the country-made pistol was recovered from the possession of the present petitioner. Certain other incriminating p. 3 articles were also seized from the spot. Hence, this case.
5. The bail plea of the petitioner has been rejected by the learned trial Court on 20.02.2026 on the ground that from the possession of the petitioner, a pistol has been recovered. However, the bail plea of the co- accused, Rathia Sahoo has been allowed vide order dated 05.03.2026.
6.
Learned counsel for the petitioner submits that he would withdraw this petition to approach the learned trial Court for grant of bail on the ground of parity.
7. At this stage, Mr. Nayak, learned Additional Government Advocate for the State submits that the co-accused, who has been granted bail, from his possession bhujali has been recovered. However, in case of the present petitioner, pistol has been record. Therefore, there is no parity as such.
8. The prayer made by the petitioner seems to be innocent. Hence, the same is allowed. The petitioner is allowed to withdraw the present petition with liberty to p. 4 renew the bail plea before the learned trial Court. It is open for the petitioner to urge the ground of parity and it is also left open for the trial Court to decide the application on its own merit.
9. With this observation, the BLAPL stands
disposed of.
(S.S. Mishra)
Judge
Swarna