Khirod Kumar Mohapatra Vs State of Odisha — Bail and Remand | Orissa HC (2025)

Khirod Kumar Mohapatra Vs State of Odisha — Bail and Remand | Orissa HC (2025)

What the court decided

AI extract

Outcome

Release of the petitioner on bail in Bhandaripokhari P.S. Case No. 349 of 2025 / G.R. Case No. 344 of 2025 on furnishing a bail bond of Rs.50,000/- with two solvent sureties each for the like amount, with conditions of abstention from criminal activities, appearance before the trial Court on each trial date, and weekly appearance before the Inspector in-charge of Paralakhemundi police station till submission of charge sheet; violation to entail cancellation of bail; urgent certified copy as per Rules.

Issue for consideration

Whether the petitioner, in judicial custody since 03.08.2025 in connection with Bhandaripokhari P.S. Case No. 349 of 2025 (G.R. Case No. 344 of 2025) for alleged offences under sections 126(2)/115(2)/117(2)/296/132/121/262/351(3) of BNS, 2023, should be released on bail despite his bail prayer having been rejected by the learned Addl. Sessions Judge, Bhadrak.

Court's answer

In considering release of the petitioner on bail, the Court took into account that the petitioner is in judicial custody since 03.08.2025, that the offences are triable by Magistrate, and that the investigation has made substantial progress.

Ratio / Principle

After hearing the learned counsel for the State, the Court was inclined to release the petitioner on bail.

Key takeaways

The petitioner is to be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- with two solvent sureties each for the like amount, subject to the conditions that he shall not indulge in any criminal activities, shall appear before the learned trial Court on each date the case is posted for trial, and shall appear before the Inspector in-charge of Paralakhemundi police station once in a week, preferably on a Sunday, till submission of the charge sheet.ratio¶20
Violation of any of the bail conditions shall entail cancellation of bail.ratio¶21

Detailed headnote1 paragraphs

Bail granted under S. 483 BNSS; BLAPL disposed of. Applicant (judicial custody since 03.08.2025) in Bhandaripokhari P.S. Case No. 349 of 2025, corresponding to G.R. Case No. 344 of 2025, pending before J.M.F.C.-II (Cog.Taking), Bhadrak, for alleged offences under Sections 126(2), 115(2), 117(2), 296, 132, 121, 262 and 351(3) BNS, 2023; his bail prayer had been rejected by the Addl. Sessions Judge, Bhadrak vide order dated 13.08.2025. As the offences are triable by Magistrate and the investigation has made substantial progress, the Court released the petitioner on bail on a bond of Rs.50,000/- with two solvent sureties each for the like amount, conditioned on abstention from criminal activities, appearance before the trial Court on each trial date, and weekly reporting to the Inspector in-charge, Paralakhemundi police station (preferably Sundays) till submission of the charge sheet; violation of conditions to entail cancellation of bail.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9035 of 2025

Khirod Kumar Mohapatra ….

Petitioner

Mr. Sushanta Kumar Pradhan, 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 Bhandaripokhari P.S Case No. 349 of 2025, Corresponding to G.R. Case No.344 of 2025 pending before the learned J.M.F.C.-II (Cog.Taking), Bhadrak for alleged commission of offences under sections 126(2)/115(2)/117(2)/ 296/132/121/262/351(3) of BNS, 2023.

The prayer for bail of the petitioner has been rejected by the learned Addl. Sessions Judge, Bhadrak vide order dated 13.08.2025.

Considering the submissions made by the learned counsel for the petitioner that the petitioner is in judicial custody since 03.08.2025, the offences are triable by Magistrate, the investigation has made substantial progress, and after hearing the learned counsel for the State, 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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