Gadhia @ Sushanta Patra Vs State of Odisha

1 . The petitioner is an accused in connection with Khurda Sadar Case No.379 of 2025 corresponding to G.R. No.1179 of 2025 registered for the alleged commission of the offences punishable under Sections 329(4)/ 296/ 115(2)/ 117(2)/109(2)/74/3(5) of the BNS, 2023, pending in the Court of the learned S.D.J.M., Khurda. The petitioner had approached the learned 2^nd Additional Sessions Judge, Khurda in BLAPL No.06 of 2026 praying for grant of bail. The learned Court below vide its order dated 22.01.2026 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of BNSS, 2023 praying for enlargement on bail.

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

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3. The prosecution case is that, on 09.12.2025, the informant lodged the F.I.R. in the P.S. alleging that on the same day, at about 3 P.M., the petitioner along with others being armed with deadly weapons entered into the house of the informant and assaulted her husband and brother-inlaw by means of sickle for which her husband sustained severe injuries on his hand and her brother-in-law sustained severe injury on his neck. They also abused and assaulted the informant by means of thenga and kick blows on her chest. With the help of the villagers, the injured persons were shifted to the D.H.H.S, Khurda for treatment. Hence, the case.

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4. Vide order dated 21.04.2026, the injury report and charge sheet was called for by this Court. Today, the learned State counsel has produced the C.D. and the injury report. On perusal of the injury report of Prakash Patra, husband of the informant reveals that he has sustained simple injuries. The petitioner has been in custody since 10.12.2025. The charge sheet has already been filed in the present case on 14.03.2026.

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5. The father of the petitioner has also filed an affidavit dated 22.04.2026 stating that the petitioner has no criminal antecedent in the present case.

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6. Regard being had to the nature of allegation against the petitioner, the period of custody of the petitioner since 10.12.2025 and since the charge sheet has already been filed in the present case on 14.03.2026, I am inclined to enlarge the petitioner on bail.

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7. Hence, the petitioner is directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions:

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(i) He shall not leave the jurisdiction of the trial Court till the disposal of the trial;

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(ii) He shall appear before the trial Court on each date on which the case is posted for trial without fail;

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(iii) He shall not tamper with the evidence in any manner whatsoever;

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(iv) He shall not commit any offence while on bail, and (v) He shall be released on bail subject to verification of similar type of antecedents.

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In the event the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit.

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8. The BLAPL is accordingly disposed of.

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(S.S. Mishra) Judge

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Subhasis

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Signature Not Verified

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Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 06-May-2026 19:19:48

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Gadhia @ Sushanta Patra v. State of Odisha

Case brief

What is this about?

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Gadhia @ Sushanta Patra v. State of Odisha

Case brief

What is this about?

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