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2026 DAILYLAW 9657 (ORI)

BINOD BHIHARI BUUYAN v. STATE OF ODISHA

BLAPL/1225/2026 · 2026-03-18

Gourishankar Satapathy

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1225 of 2026 Binod Bihari Bhuyan … Petitioner Mr. Sanatan Das, Advocate -versus- State of Odisha … Opposite Party Mr. S.C. Pradhan, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL)18.03.2026 01. 1. This is the bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Capital P.S. Case No.535 of 2025 corresponding to C.T. Case No.1713 of 2025 pending in the Court of learned SDJM, Bhubaneswar, for commission of offence punishable U/Ss. 103(1)/238/61(2) of the BNS, on the main allegation of assisting the principal accused to bury the dead body of the deceased in an earthen pit, along with co-accused person. 2. Heard, Mr. Sanatan Das, learned counsel for the petitioner and Mr. S.C. Pradhan, learned Additional Public Prosecutor in the matter and perused the record. 3. After having considered the rival submissions upon perusal of record, there appears allegation against the principal accused Deepak Kumar Rout for strangulating the deceased Subhamitra Sahoo to death, but the allegation against the present petitioner is for digging an earthen pit on the land of co-accused Sambhunath Mahanta and burying the dead body in the said pit along with co-accused persons. It is no doubt true that the IO has submitted charge sheet against the petitioner for commission of offence punishable U/Ss. 103(1)/238(a)/61(2)(a) of BNS, but there is no direct/indirect allegation against the petitioner for committing murder of the deceased. 4. In the aforesaid backdrop and taking into consideration the materials placed on record and regard being had to the main allegation of committing murder of the deceased being directed against the co-accused Deepak Kumar Rout, but not against the present petitioner and the only allegation against the petitioner being for assisting the principal accused-Deepak in burying the dead body of the deceased, along with another co-accused on the expectation of some money and there being no criminal antecedent reported against the petitioner and keeping in view the completion of investigation, this Court without expressing any view on merits admits the petitioner to bail. 5. Hence, the bail application of the petitioner stands allowed and he be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each 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