Bharat Patro Vs State of Odisha — Bail and Remand | Orissa HC (2025)

Bharat Patro Vs State of Odisha — Bail and Remand | Orissa HC (2025)

What the court decided

AI extract

Outcome

Release of the petitioner on bail in connection with Paralakhemundi P.S. Case No. 171 of 2025 / G.R. Case No. 353 of 2025 on furnishing a bail bond of Rs.50,000/- with two solvent sureties each for the like amount, with the stated conduct and reporting conditions; urgent certified copy to be issued as per Rules.

Issue for consideration

Whether the petitioner, an accused under section 309(4) of BNS, 2023 facing rejection of his bail prayer by the learned Sessions Judge, Gajapati, should be released on bail under section 483 of B.N.S.S. in connection with Paralakhemundi P.S. Case No. 171 of 2025 / G.R. Case No. 353 of 2025.

Court's answer

The Court is inclined to release the petitioner on bail, considering that he is in judicial custody since 29.07.2025, the allegation against him is commission of robbery of a mobile phone, the investigation has made substantial progress, and the offence is triable by Magistrate, even though the State submitted that the petitioner has two criminal antecedents.

Ratio / Principle

The petitioner is to be released on bail on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two solvent sureties each for the like amount, subject to conditions that he shall not indulge in any criminal activities, shall appear before the learned trial Court on each date of posting for trial, and shall appear once a week, preferably on a Sunday, before the Inspector in-charge of Paralakhemundi police station till submission of charge sheet; violation of any condition shall entail cancellation of bail.

Detailed headnote1 paragraphs

Bail — Anticipatory/post-rejection bail under S. 483 B.N.S.S. — High Court of Orissa at Cuttack, Justice S.K. Sahoo (single bench), BLAPL No.9034 of 2025, order dated 22.09.2025. Accused Bharat Patro, charged under S. 309(4) BNS, 2023 in Paralakhemundi P.S. Case No. 171 of 2025 / G.R. Case No. 353 of 2025 (S.D.J.M., Paralakhemundi), whose bail prayer had been rejected by the learned Sessions Judge, Gajapati on 14.08.2025, was released on bail. Grounds: judicial custody since 29.07.2025; allegation limited to robbery of a mobile phone; investigation having made substantial progress; offence triable by Magistrate — despite the State's submission of two criminal antecedents. Conditions: bail bond of Rs.50,000/- with two solvent sureties each for the like amount; abstention from criminal activities; appearance before the trial Court on each posting; weekly reporting (preferably Sunday) to the Inspector in-charge, Paralakhemundi police station till charge sheet; violation to entail cancellation of bail.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9034 of 2025

Bharat Patro

Petitioner

Mr. Soubhagya Kumar Dash, Advocate

-versus-

State of Odisha

…. Opp. Party

Mr. Aurobinda Mohanty, ASC

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

22.09.2025

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This is an application under section 483 of B.N.S.S. in connection with Paralakhemundi P.S Case No. 171 of 2025, Corresponding to G.R. Case No.353 of 2025 pending before the learned S.D.J.M, Paralakhemundi for alleged commission of offence under section 309(4) of BNS, 2023.

The prayer for bail of the petitioner has been rejected by the learned Sessions Judge, Gajapati vide order dated 14.08.2025.

Considering the submissions made by the learned counsel for the petitioner that the petitioner is in judicial custody since 29.07.2025, the allegation against the petitioner is commission of robbery of a mobile phone, the investigation has made substantial progress, the offence is triable by Magistrate and after hearing the learned counsel for the State, who submitted that the petitioner has got two criminal antecedents, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond 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 over the matter with further conditions that the petitioner shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial and with further condition that the petitioner shall appear before the Inspector in-charge of Paralakhemundi police station once in a week, preferably, on a Sunday till submission of charge sheet.

Violation of any of the conditions shall entail cancellation of bail.

The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.

( S.K. Sahoo)

Judge

PKSahoo

Signature Not Verified

Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 23-Sep-2025 13:46:43

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