Bibhu Jena Vs State of Odisha

Instant petition under Section 439 Cr.P.C. is filed for release of the petitioner on bail in connection with G.R. Case No.1168 of 2021 pending in the file of learned J.M.F.C., Khallikote corresponding to Khallikote P.S. Case No.534 of 2021 registered under Section 307 IPC and other allied offences including Sections 25(1-B) (a) and 27 of the Arms Act on the grounds stated therein.

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Pursuant to the Court’s order dated 6^th February, 2024, Mr. Sahoo, learned counsel for the petitioner filed an affidavit today stating therein the details about the criminal antecedents of the petitioner and the same is perused.

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Mr. Sahoo, learned counsel for the petitioner submits that of course of the petitioner is involved in 16 other criminal cases but in majority of the same, he is on bail except in three cases. As per the said affidavit, in all other cases, the petitioner is shown to be on bail. It is further submitted that the petitioner has been involved in couple of cases which are registered in the year 2022 and 2023,

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whereas, other cases are old ones. Considering the fact that the petitioner is on bail in almost all cases except three as mentioned in the affidavit, Mr. Sahoo lastly submits that the petitioner, who has remained in judicial custody from 22^nd November, 2023, should be allowed to go on bail with any stringent conditions as would be fixed by the Court.

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Mr. Patra, learned ASC for the State, however, objects to the release of the petitioner considering his criminal antecedents. It is submitted that the petitioner threatened the informant, a member of the Village Committee at the time when construction work was in progress under the NRGS scheme and even said to have fired bullets at the spot so made to reveal from the FIR i.e. Annexure-1 and therefore, he should not be granted bail, which has been pleaded for.

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Gone through the contents of Annexure-1.

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Admittedly, the petitioner is having more than dozens of criminal cases to his credit and the fact of existence of criminal antecedents is admitted with the affidavit filed today.

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From Annexure-1, it is made to reveal that the petitioner had been to the spot with three others and after opening the front door of the house, threatened the informant and fired the gunshot. It is informed to the Court that the fire arm which is alleged to have been used by the petitioner was recovered and later seized by the local police. In any case, there has been over act committed by the petitioner for opening fire at the spot but it has not hit the informant or any other. In other words, there has been no injury caused to any one on account to the alleged mischief committed by the petitioner and his so called associates. The petitioner is a local

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inhabitant and as per the affidavit, he is stated to be on bail in 13 cases, the fact which has not been disputed by the State. Being the local inhabitant, there is remote possibility of abscondance of the petitioner. That apart, the petitioner has been in judicial custody for nearly three months. Hence, therefore, in the considered view of the Court, the petitioner despite having criminal antecedents but being on bail in majority of cases should be released from custody subject to following conditions.

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9. Hence, it is ordered.

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In the result, the petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to be released on bail in connection with G.R. Case No.1168 of 2021 arising out of Khallikote P.S. Case No.534 of 2021 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties for the like amount each to the satisfaction of the learned court seisin over the matter, which shall impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall not cause any harm to the informant in any manner whatsoever while on bail and furthermore, shall attend the local PS at least for four months since release. It is made clear that in the event in view of the conditions impose is/are violated by the petitioner, it shall entail cancellation of his bail forthwith.

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11. The BLAPL is disposed of.

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Urgent certified copy of this order be granted as per rules.

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Signature Not Verified (R.K. Pattanaik) Digitally Signed Judge Signed by: THAKURDAS TUDUTUDU Designation: Sr. Stenographer Reason: Authentication Location: OHC,CTC Date: 22-Feb-2024 13:23:33

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Bibhu Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bibhu Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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