Allowed

Papuni @ Bijaya Kumar Barik @ Bijaya Barik v. State of Odisha

Orissa HC20 Dec 2024BLAPL/9150/2024

Case brief

AI extract

What is this about?

Regular bail petition under Section 483 BNSS by an accused charged with assaulting the victim with a Katari, causing a grievous stab wound to the chest. Investigation closed, chargesheet filed, no criminal antecedents, victim out of danger. Bail allowed with stringent conditions including fortnightly police reporting.

What did the court decide?

Petitioner released on bail on bond of Rs.50,000 with one solvent surety, subject to conditions of non-harm, non-tampering, and fortnightly police reporting for three months.

Papuni @ Bijaya Kumar Barik @ Bijaya Barik Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.9150 of 2024

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Papuni@ Bijaya Kumar Barik @ Bijaya …. Petitioner Barik

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Mr. Deepak Sahoo, Advocate

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-Versus-

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State of Odisha & others

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…. Opposite Parties

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Mr. R.Pradhan,ASC Mr. Prakash Ch.Dash, Advocate(Informant)

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CORAM:

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MR. JUSTICE R.K. PATTANAIK

ORDER

20.12.2024

Order No.

Heard Mr. Sahoo, learned counsel for the petitioner and Mr. Dash, learned counsel for the informant besides Mr. Pradhan, learned ASC for the State.

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Instant petition under Section 483 B.N.S.S. is filed by the petitioner for release of the petitioner on bail in connection with G.R. Case No.1507 of 2024 arising out of Mahakalapada P.S. Case No.180 of 2024 pending in the file of learned District & Sessions Judge, Kendrapara on the grounds stated.

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Mr. Sahoo, learned counsel for the petitioner submits that under the circumstances narrated in the F.I.R. as at Annexure-1, the alleged occurrence is said to have taken place and in the meantime, with the closure of investigation, the chargesheet is filed against the petitioner. It is submitted that the victim is out of danger after he

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was treated and discharged from the hospital and considering the fact that the petitioner is having no criminal antecedent and has remained in judicial custody since 10^th August, 2024, the Court should allow him to go on bail subject to any terms and conditions as would be fixed and imposed on him.

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On the other hand, Mr. Dash, learned counsel for the informant strongly objects to the release of the petitioner on the ground that he is responsible for the alleged assault causing grievous injury on the chest of the victim, who has been permanently disabled affecting his future and also vocation. It is further submitted that the petitioner if the assailant and with other accused persons assaulted the victim mercilessly, as a result of which, the latter received an injury on the chest and the same is found to be a stab wound, hence, considering the same and the overt act having been committed by him, he should not be let off as there is a threat perception looming large over the informant’s family.

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This Court, by order dated 4^th December, 2024, had directed the State to ascertain as to if the petitioner is having any criminal antecedent of similar nature and also to inform the present health condition of the victim with the production of the case diary and chargesheet. Accordingly, the case diary has been received as informed to the Court by Mr. Pradhan, learned ASC. According to Mr. Pradhan, learned ASC, the victim is now in a stable condition. With reference to the F.I.R. i.e. Annexure-1 and the allegations made therein, Mr. Pradhan, learned ASC further submits that the petitioner is the assailant and he has been accordingly chargesheeted, hence, a prima facie case is made out against him, thus, not to be released on bail.

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Gone through the contents of the F.I.R. as at Annexure-1. The Court finds the incident has taken place with the involvement of the petitioner and others. It is alleged therein that the accused persons assaulted the victim by means of Katari. It is also alleged that the victim was severely assaulted and as a result, he received multiple injuries. In course of hearing, Mr. Sahoo, learned counsel for the petitioner produced a certified copy of the medical examination of the victim, namely, Sashikanta Routray and the same is perused. In fact, as per the said report, the victim had a stab injury on left side of the chest of grievous nature and as per the opinion, it might have been caused by sharp weapon without any other external injuries being found. Admittedly, considering the report as above, it is made to reveal that the victim did receive any injury which is a stab wound and admittedly, it was grievous in nature.

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Mr. Dash, learned counsel for the informant produced a photograph of the injured and claimed that for such injury caused to him, it can be said that the petitioner had the intention to do away with him and that apart, the latter is receiving constant threat from the former. As far as the statements of the witnesses recorded under Section 161 Cr.P.C. are concerned, it is no doubt revealed by them that under the circumstances narrated, the petitioner suddenly picked up a Katari and assaulted the victim. Though some of the witnesses alleged that the victim was assaulted multiple times but as per the medical examination report, it is made to suggest that he received a stab wound only. Nevertheless, the injury is grievous in nature as per the opinion found in the medical examination report. It is also suggested that the petitioner received an injury, such as, an abrasion but the same is not grievous considering the medical report made

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available. It does appear that on account of the dispute between both, the petitioner allegedly assaulted the victim and it all happened on the spur of the moment. of course, the petitioner said to have picked up the Katari and rushed towards the injured and assaulted him. Considering the entire incident and circumstances leading to the alleged assault and the reason behind, though the fact that a stab injury was caused to the victim, who is presently out of danger and that apart, the petitioner claimed of having no other criminal antecedent as informed to the Court by Mr. Pradhan, learned ASC for the State, recording the submission of Mr. Dash, learned counsel for the informant that there is a threat perception involved, the Court is of the view that the accused, who is in custody, since the date of arrest, should be allowed to go on bail with stringent conditions, which are as follows.

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8. Accordingly, it is ordered.

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In the result, the petition under Section 483 B.N.N.S is allowed. Consequently, the petitioner is directed to be released on bail in connection with G.R. Case No.1507 of 2024 (S.T. Case No. 234 of 2024) arising out of Mahakalapada P.S. Case No.180 of 2024 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned District & Sessions Judge, Kendrapara or the court in seisin over the matter, as the case may be, who shall be at liberty to impose such other suitable conditions as deemed necessary in the facts and circumstances of the case besides the following, such as, he shall not cause any harm to the injured, informant and their family members and influence any of the material witnesses to the occurrence in any manner, whatsoever,

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while on bail and to report the local P.S. once in a fortnight and to continue to do so for about three months from the date of release. It is made clear that if any of the conditions imposed by the Court or further to be fixed by the learned court below is or are violated, it shall forthwith entail cancellation of bail of the petitioner.

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The BLAPL is disposed of.

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

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(R.K. Pattanaik) Judge

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kabita

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Signature Not Verified

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Digitally Signed Signed by: KABITARANI MAJHI Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 21-Dec-2024 12:24:01

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Papuni @ Bijaya Kumar Barik @ Bijaya Barik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Papuni @ Bijaya Kumar Barik @ Bijaya Barik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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