Santosh Swain @ Santosh Kumar Swain Vs State of Odisha

The petitioners are accused in connection with Pipili P.S. Case No. 131 of 2026 corresponding to G.R. Case No. 179 of 2026 registered on the allegation of the alleged commission of offence punishable under sections 109(1)/115(2)/117(2)/118(1)/126(2)/351(3)/ 3(5) of BNS, 2023, pending in the court of the learned JMFC, Pipili.

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Learned counsel for the petitioners, on instruction from the petitioners, submits that, except the present bail applications, no other bail application of the petitioners is pending in any other Court relating to the aforesaid F.I.R.

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The prosecution case is that the informant lodged a written report before the P.S. alleging therein that on 26.02.2026 at around 9.00 PM when the Informant's brother-in-law namely Jagannath Biswal was going to attend the feast, Petitioner no. 1 was sitting on the canal bridge of village holding an iron rod, abused him in filthy language. It is alleged that when the Informant's brother-in-law objected to the same the Petitioner no. 1 assaulted him with an iron rod. It is further alleged that when the informant's family members tried to rescue said Jagannath Biswal the Petitioners no 2 to 7 being armed with deadly weapons i.e bill hook (katuri), Paniki, iron rod and black metal stone restrained them. It is further alleged that the Petitioner no 2 assaulted on the head of Sukanti Biswal by means of Paniki resulting in a bleeding injury over her right eye. It is alleged that Petitioner no. 1 assaulted Bishnu Biswal and Maheswar Biswal, by means of paniki causing bleeding injuries in their heads. Hence, the case.

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Ms. Naidu, learned counsel for the petitioners submits that petitioner no.3-Lipina Swain is 26 years

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old lady and is employed in Orissa Mining Corporation. Therefore, it is submitted that she may be protected.

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Learned counsel for the informant has brought to the notice of the Court the orders dated 08.04.2026 and 23.04.2026 passed in CRLMP No. 415 of 2026 which has been filed by the informant. In order dated 08.04.2026, the Coordinate Bench of this Court has passed various directions beside observing as under:-

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“3. Further, in the injury requisition, it has been mentioned that Lipina Swain assaulted Sukanti Biswal with the paniki to kill her, due to which she sustained injuries on her head and the injury report reveals that incise injury 5x2x1 cm is present on her scalp, which is grievous in nature and caused by iron rod vegetable cutter. There is also an incised injury over her right eyebrow and the requisition dated 05.03.2026 submitted to the Director, SUM Hospital for recording dying declaration of injured Sukanti Biswal could not be done as the patient is on invasive Mechanical ventilator support.”

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Relying upon said order which has been passed by the Coordinate Bench of this Court, learned counsel for the informant vehemently opposed the prayer for bail. Learned counsel for the State also joins with Mr. Mohanty, learned counsel for the informant to oppose the bail plea of the petitioners.

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Taking into consideration the materials placed

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before me and after going through the same, this court is of the view that the petitioners are not entitled to anticipatory bail. However, taking into consideration the age of petitioner no.3-Lipina Swain and as she is working as a Govt. employee, it is left open for petitioner no.3 to surrender before the court below and move application for regular bail. If such application is filed, the same shall be considered by the courts below on the same day. It is open for the petitioners to urge all the grounds, as has been raised in the present petition, including the ground of parity.

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With the aforesaid observations, the ABLPL stands disposed of.

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(S.S. Mishra) Judge

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Ashok

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Signature Not Verified

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Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Reason: Authentication Location: High Court of Orissa Date: 08-May-2026 14:47:37

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Santosh Swain @ Santosh Kumar Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Santosh Swain @ Santosh Kumar Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

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What the court decided

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