Disposed¶23

Biswanath Barik v. State of Odisha

Bail – S.483 BNSS

Orissa HC9 Jun 2026BLAPL/4868/2026

Download

Case brief

AI extract

What is this about?

Bail granted under S.483 BNSS in burglary case involving Sections 331(4), 305(a), 317(2) r/w 3(5) BNS 2023; Tangi P.S. Case No.229 of 2025 / G.R. Case No.1160 of 2025, Cuttack; investigation substantially progressed; petitioner in custody since remand on 23.04.2026; conditions: weekly appearance before jurisdictional police station for three months till final form, certification to court, cancellation on violation.

What did the court decide?

Petitioner to be released on bail on terms to be fixed by the learned Court in seisin, subject to the additional condition of weekly appearance before the jurisdictional police station for three months till submission of final form, with certification to the Court; violation entails cancellation of the order. ¶23

Biswanath Barik Vs State of Odisha — Bail and Remand | Orissa HC (2026)

What the court decided

AI extract

Outcome

¶23

Issue for consideration

Whether the Petitioner, an accused in G.R. Case No.1160 of 2025 (arising out of Tangi P.S. Case No.229 of 2025) for offences under Sections 331(4), 305(a), 317(2) read with section 3(5) of the BNS, 2023, whose bail application under S.483 BNSS was rejected by the 2nd Addl. Sessions Judge, Cuttack, should be enlarged on bail.

¶18

Court's answer

Bail granted: considering the role ascribed to the Petitioner, the substantial progress of investigation, and that the Petitioner was remanded on 23.04.2026, the Court directed that the Petitioner shall be released on bail on such terms to be fixed by the learned Court in seisin.

¶20

Ratio / Principle

Additional condition: the Petitioner shall appear before the jurisdictional police station once every week, on date and time to be fixed by the learned Court in seisin, for the next three months till submission of final form; certification of such appearance shall be submitted to the Court in seisin, and any violation shall entail cancellation of the order.

¶22

Detailed headnote1 paragraphs

Bail — S.483 BNSS — Petitioner accused in G.R. Case No.1160 of 2025 (Tangi P.S. Case No.229 of 2025), J.M.F.C-II, Cuttack, for offences under Sections 331(4), 305(a), 317(2) read with section 3(5) of the BNS, 2023 (burglary; gold ornaments and Rs. 700/- alleged stolen) — bail application rejected by learned 2nd Addl. Sessions Judge, Cuttack on 06.05.2026 — investigation progressed substantially and Petitioner in custody since remand on 23.04.2026 — bail granted on terms to be fixed by the trial court — additional direction to appear before jurisdictional police station once every week for three months till submission of final form, with certification to the Court; violation entails cancellation.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4868 of 2026

¶2

Biswanath Barik Petitioner

¶3

Mr. R. Pattanaik, Advocate

¶4

-versus-

¶5

State of Odisha

¶6

…. Opposite Party

¶7

Mr. S. Panigrahi, ASC

¶8

CORAM: JUSTICE V. NARASINGH

¶9

Order No.

¶10

ORDER 09.06.2026

¶11

01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

¶12

The Petitioner is an accused in connection with G.R. Case No.1160 of 2025 pending on the file of learned J.M.F.C-II, (Cog. Taking), Cuttack, arising out of Tangi P.S. Case No.229 of 2025 for commission of offence alleged under Sections 331(4), 305(a), 317(2) read with section 3(5)of the BNS, 2023.

¶13

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

¶14

Being aggrieved by the rejection of his application for bail U/s.483 of the BNSS by the learned 2nd Addl. Sessions Judge, Cuttack by order

¶15

Page 1 of 3

¶16

dated 06.05.2026 in the aforementioned case, the present BLAPL has been filed.

¶17

The case of the prosecution is that on 01.08.2025 at 2:35 P.M. the nephew of the informant informed him over the phone that during their absence some unknown persons committed burglary by breaking open the almirah and had removed gold ornaments and cash amounting to Rs. 700/-. Basing on such report, the aforementioned P.S. case was registered.

¶18

It is submitted by the learned counsel for the Petitioner, with vehemence, that the Petitioner has been falsely implicated in the case at hand on account of his alleged criminal antecedents and it is further submitted that since the investigation has been progressed substantially and considering the nature of allegations in the case at hand, the Petitioner may be enlarged on bail.

¶19

Learned counsel for the State opposes the prayer for bail, inter alia, on the ground of criminal antecedent of similar nature of the Petitioner.

¶20

Considering the role ascribed to the Petitioner in the case at hand and since the investigation has progressed substantially and that the Petitioner is remanded on 23.04.2026, this Court directs the Petitioner shall be released on bail on such terms to be fixed by the learned Court in seisin.

¶21

Page 2 of 3

¶22

Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin for the next three months till the submission of final form. Certification of such appearance shall be submitted to the Court in seisin. Any violation shall entail cancellation of this order.

¶23

Accordingly, the BLAPL stands disposed of. U.C.C as per rules.

¶24

V. NARASINGH) Vacation Judge

¶25

Soumya

¶26

Page 3 of 3

Biswanath Barik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Biswanath Barik 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

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Fakira M.Pradhan Vs Maheswar Ghadei

Gavar Ritesh @ Retesh Kumar @ G.R.Ritesh Kumar @ G.Ritish Kumar Vs State of Odisha

Amit @ Amitabha Naik Vs State of Odisha

Rajesh Nag Vs State of Odisha

Bira Kaibarta Vs State of Odisha

Nilamani Sahu Vs State of Odisha