Dismissed¶16

Prasanna Swain @ Prasan Kumar Swain v. State of Odisha

Orissa HC8 May 2026BLAPL/4100/2026

Case brief

AI extract

What is this about?

Bail rejected under S.483 BNSS; murder case U/Ss.302/201/34 IPC; ST Case No.159 of 2024 / Khurda Model PS Case No.31 of 2024; deceased Susanta Pattanayak; petitioner in custody two years four months; 11 witnesses examined not supporting prosecution; last seen theory urged by Addl. PP; bail refused on gravity of offences and evidence of PWs 1 & 7; BLAPL No.4100 of 2026; High Court of Orissa; G. Satapathy, J.; order dated 08.05.2026.

What did the court decide?

After considering the rival submissions, the nature and gravity of the offences alleged, the accusations against the petitioner, the materials on record and the evidence of the witnesses examined, particularly PWs. 1 & 7, the Court was not inclined to grant bail. ¶15

Prasanna Swain @ Prasan Kumar Swain Vs State of… — Murder and Culpable Homicide | Orissa HC (2026)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4100 of 2026

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Prasanna Swain @ Prasan Kumar … Petitioner Swain

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Mr. A.S.Paul, Advocate

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-versus-

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State of Odisha

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… Opposite Party

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CORAM:JUSTICE G. SATAPATHY

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Order No.

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01.

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ORDER(ORAL):08.05.2026

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This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Khurda Model PS Case No. 31 of 2024 corresponding to ST Case No. 159 of 2024 pending in the Court of learned 2^nd Addl. Sessions Judge, Khurda for commission of offence punishable U/Ss. 302/201/34 of IPC, on the allegation of committing murder of the deceased Susanta Pattanayak, along with co-accused persons.

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In the course of hearing, Mr.Amlan Shakti Paul, learned counsel for the petitioner submits that although the petitioner is in custody for last two years and four months, but trial is yet to be concluded and till today, 11 witnesses have been examined, but they have not supported the prosecution case and it is elicited from the mouth of the material witnesses that the informant has lodged the FIR on suspicion and, therefore, the petitioner may kindly be granted bail.

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Page 1 of 2

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2.1. On the other hand, Mr.M.R.Patra, learned Addl. PP by taking this Court through the evidence of some witness submits that the last seen theory is quite established against the petitioner and, therefore, the petitioner being prima facie involved in this case, he should not be granted bail. Accordingly, Mr.Patra prays to reject the bail application of the petitioner. 3. This Court has the privilege to go through the evidence of PWs. 1 to 11 which has been filed for the petitioner.

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After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the materials placed on record together with the evidence of witnesses so far examined, more particularly that of PWs. 1 & 7 and keeping in view the other circumstances on record in entirety, this Court is not inclined to grant bail to the petitioner.

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Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules.

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(G. Satapathy) Signature Not Verified Digitally Signed Judge

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Digitally Signed Signed by: KISHORE KUMAR SAHOO kishore Reason: Authentication Location: High Court of Orissa Date: 09-May-2026 12:00:07

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Page 2 of 2

Prasanna Swain @ Prasan Kumar Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Prasanna Swain @ Prasan Kumar Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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Coram

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