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2026 DAILYLAW 9031 (ORI)

KESABA MAJHI v. STATE OF ODISHA

BLAPL/1166/2026 · 2026-03-18

Gourishankar Satapathy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1166 of 2026 Kesaba Majhi & Another … Petitioners Mr. S.K. Gartia, Advocate -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL)18.03.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of BNSS by the petitioners for grant of bail in connection with Offence Report No. 174 of 2025-26 corresponding to 2(b)CC Case No. 05 of 2025 pending in the file of GNA-cum-JMFC, Komna, for commission of offences punishable U/Ss. 51(1)/51(1A) of Wildlife (Protection) Act, on the main allegation of poaching wild boar, and consuming and selling its meat. 3. Heard, Mr. Surendra Kumar Gartia, learned counsel for the petitioners and Mr. P. Satpathy, learned Addl. PP in the matter and perused the record. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioners vis-à-vis the accusations sought to be brought against them and regard being had to the pre-trial detention of the petitioners in custody since 21.11.2025 with submission of PR in the meantime and the offences being triable by Magistrate, but not punishable beyond 07 years and applying the law laid down by the Apex Court in Satender Kumar Antil Vrs. Central Bureau of Investigation; (2022) 10 SCC 51 and taking into account the other circumstances on record in entirety including the inherent right of an accused to be presumed innocent until proven guilty at the trial and keeping in view grant of bail to co-accused Subanta Majhi & Another in BLAPL No. 899 of 2026, this Court without expressing any view on merit, admits each of the petitioners to bail. 5. Hence, the bail application of the petitioners stands allowed and each of the petitioners are allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) each with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it. 6. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference. (G. Satapathy) Judge S.Sasmal Designation: Jr. Stenographer