Ch. Biki Patra @ Ch. Vicky Patra @ Ch. Biki Kumar Patro Vs State of Odisha

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the bail application as well as the documents annexed thereto.

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The present bail application under Section 483 of B.N.S.S., 2023 has been filed by the Petitioner for regular bail in connection with G.R. Case No.266 of 2026, arising out of Nimakhandi P.S. Case No.43 of 2026, pending in the court of learned J.M.F.C.(R) Cog., Berhampur, for alleged commission of offences punishable under Sections 191(2)

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/191(3) / 324(4) / 333 / 296 / 115(2)/ 109(1) / 351(2) / 190 / 303(2) of B.N.S.,2023, read with Section 25(1-B)(a) / 25(1 )(a) of Arms Act.

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It is submitted by the learned counsel for the Petitioner that co-accused persons, namely, Sisir Kumar Patra @ Ch. Sisir Kumar Patra and Ch. Dipak Kumar Patro @ Ch. Deepak Patra have already been enlarged on bail vide order dated 23.04.2026 passed by this Court in ABLAPL No.2765 of 2026. He further submitted that the Petitioner has been falsely implicated in the present case. In course of his argument, learned counsel for the Petitioner referring to the order dated 23.04.2026, submitted before this Court that this Court, while considering the bail application of the coaccused persons, has mentioned that the injured has not sustained any external injury. He further contended that though the Petitioner has six criminal antecedents, however he is ready and willing to abide by any stringent terms and conditions as would imposed by this Court in the event he is released on bail.

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Learned counsel for the State, on the other hand, objected to the release of the Petitioner on bail on the ground that the Petitioner is having six criminal antecedents. He further submitted that in the event the Petitioner is released on bail, there is every likelihood that he might

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indulge in similar criminal offence.

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Taking into considering the fact that the co-accused persons have been enlarged on bail and that the injured has not sustained any external injury, this Court is inclined to release the Petitioner on bail. However, taking into consideration the fact that the Petitioner is having criminal antecedents, the same shall be subject to imposing stringent terms and conditions.

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Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.40,000/-(Rupees forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the court in seisin over the matter. The release of the Petitioner shall also be subject to the following terms and conditions :-

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I. He shall not indulge in similar type of offences while on bail;

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II. He shall not harass, threaten or terrorize the Informant and his family members in any manner while on bail;

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III. He shall appear before the trial court on each and every date of posting of the case, unless his personal appearance is dispensed with by the trial court; and

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IV. he shall appear before the jurisdictional Police Station once in a fortnight for a period four months, preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M.

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

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