Allowed¶20

Mahendra Behera v. State of Odisha

Orissa HC21 May 2026BLAPL/2845/2026

Case brief

AI extract

What is this about?

BLAPL No.2845 of 2026; High Court of Orissa at Cuttack; Justice G. Satapathy; Mahendra Behera v. State of Odisha; bail application under Section 483 BNSS; offence under Section 302 IPC (murder by hanging); Soro PS Case No. 60 of 2023; ST Case No. 308 of 2023; Addl. Dist. & Sessions Judge, Soro; PW1 to PW22 examined; PW8 testimony to be scrutinised; pre-trial detention since 01.02.2023; bail bond Rs.50,000 with one solvent surety; order disposed 21.05.2026.

What did the court decide?

Petitioner admitted to bail on furnishing bail bonds of Rs.50,000/- with one solvent surety for the like amount, to the satisfaction of the learned Court in seisin of the case; urgent certified copy of the order directed to be issued and soft copy to be communicated to the concerned Court/Jail by e-mail. ¶20

Mahendra Behera Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, charged under S. 302 IPC in Soro PS Case No. 60 of 2023 / ST Case No. 308 of 2023, should be admitted to bail under S. 483 BNSS notwithstanding the gravity of the offence, considering his pre-trial detention since 01.02.2023 and the state of progress of the trial.

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Court's answer

Taking into account the nature and gravity of the offence alleged, the petitioner's pre-trial detention since 01.02.2023, substantial progress in trial (with examination of IO and few other witnesses remaining), and that the witnesses so far examined have not substantially testified against the petitioner except PW8 (which needs scrutiny in terms of law), the Court, without expressing any view on merit, considered it proper to admit the petitioner to bail.

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Ratio / Principle

The bail application stands allowed; the petitioner is permitted to go on bail on furnishing bail bonds of Rs.50,000/- with one solvent surety for the like amount, to the satisfaction of the learned Court in seisin of the case, on such terms and conditions as that Court deems fit and proper.

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Detailed headnote1 paragraphs

Bail granted under S. 483 BNSS (oral order dated 21.05.2026) to petitioner accused under S. 302 IPC in Soro PS Case No. 60 of 2023 / ST Case No. 308 of 2023 (alleged murder of the informant's mother by hanging) pending before the Addl. Dist. & Sessions Judge, Soro. Weighing the gravity of the offence against pre-trial detention since 01.02.2023, substantial trial progress (PW1-PW22 examined; IO and few witnesses remaining), and the fact that witnesses examined had not substantially testified against the petitioner except PW8 (requiring scrutiny), the Court admitted the petitioner to bail without expressing any view on merit, on a bail bond of Rs.50,000/- with one solvent surety for the like amount.

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2845 of 2026

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Mahendra Behera

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Petitioner

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Mr. D. Nayak, Sr. Advocate along with Ms. B. Mishra, Advocate

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-versus-

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State of Odisha

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Opposite Party

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Mr. S.C. Pradhan, Addl. PP

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CORAM: JUSTICE G. SATAPATHY

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Order No.

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04.

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ORDER(ORAL) 21.05.2026

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This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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This is an application U/S.483 of BNSS Act by the petitioner for grant of bail in connection with Soro PS Case No. 60 of 2023 corresponding to ST Case No.308 of 2023 pending in the Court of learned Addl. Dist. & Sessions Judge, Soro for commission of offence punishable U/S. 302 of IPC, on the main allegation of committing murder of the mother of the informant by hanging her from a tree.

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Heard, Mr. Dharanidhar Nayak, learned Sr. counsel who is being assisted by Ms. Bini Mishra, learned counsel for the petitioner and Mr. S.C. Pradhan, learned Additional Public Prosecutor in the matter and perused the record together with the evidence of the PW1 to PW22.

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After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-a-vis

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the accusations sought to be brought against him and regard being had to the pre-trial detention of the Petitioner in custody since 01.02.2023 with substantial progress in trial, but trial having not yet been concluded with possibly examination of IO and few other witnesses remaining and the witnesses so far examined having not substantially testified against the Petitioner except PW8 which needs to be scrutinized in terms of the law and taking into account the other circumstances on record in entirety, this Court without expressing any view on merit considers it proper to admit the Petitioner to bail.

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Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it.

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Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e- mail for reference.

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Signature Not Verified

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Digitally Signed Signed by: PRIYAJIT SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 22-May-2026 17:01:20

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SSA (G. Satapathy) Judge

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Priyajit

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Mahendra Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Mahendra Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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