Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 8939 (ORI)

BIKI LOHAR v. STATE OF ODISHA

BLAPL/1777/2026 · 2026-04-21

V Narasingh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 1777 of 2026 Biki Lohar …. Petitioner Mr. B.B. Routray, Advocate -versus- State of Odisha …. Opposite Party Mr. P.K. Ray, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 21.04.2026 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is an accused in connection with G.R. Case No.947 of 2025 pending on the file of learned S.D.J.M., Bonai, arising out of Lahunipada P.S. Case No.239 of 2025 for commission of offence alleged under Sections 310(2)/317(3) of BNS. 3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner 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 BNSS by the learned Addl. Sessions Judge, Bonai, Sundargarh by order dated 10.02.2026 in the aforementioned case, the present BLAPL has been filed. 5. It is submitted by the learned counsel that the Petitioner is in custody since 29.10.2025 and as charge sheet has already been filed, he may be released on bail. 6. Such submission is opposed by the learned counsel for the State, referring to the criminal antecedent of the Petitioner, which weighed with the learned Court in seisin in rejecting the prayer for bail. 7. It is noted that the Petitioner was taken to custody on 29.10.2025 and though the TI parade was held on 01.11.2025 the Petitioner was not put to the TI parade and referring to the same, it is submitted by the learned counsel for the Petitioner that the only material against the Petitioner is his confessional statement before the police officer, which is ex-facie not admissible. Hence, his further continuance in custody is punitive. 8. Considering the manner of accusation in the case at hand notwithstanding the antecedent, keeping in view the time tested principle that an accused is presumed to be innocent till found guilty, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin. 9. Additionally, it is directed that Petitioner shall appear before the jurisdictional police station one every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin. 10. Accordingly, the BLAPL stands disposed of. 11. UCC as per rules. (V. NARASINGH) Judge Santoshi