Allowed¶13

Basanta Saraf v. State of Odisha

Orissa HC2 Jul 2026BLAPL/5025/2026

Case brief

AI extract

What is this about?

Conditional bail granted under S.483 BNSS in BLAPL No.5025 of 2026 (High Court of Orissa at Cuttack; G. Satapathy, J.; oral order 02.07.2026) to Basanta Saraf for offences under BNS Ss.305(a)/331(4)/317(2)(5) & 3(5) (theft/receiving stolen property) in Bissamcuttack PS Case No.01 of 2026 / GR Case No.06 of 2026 before JMFC Bissamcuttack; custody since 23.04.2026; bail bond Rs.25,000 with one solvent surety; bail benefit forfeited if petitioner has more than two criminal antecedents besides this case.

What did the court decide?

Admission to bail on furnishing bail bonds of Rs.25,000/- with one solvent surety for the like amount, conditional on the petitioner not having more than two criminal antecedents besides this case; BLAPL disposed of. ¶13

Basanta Saraf Vs State of Odisha — Bail and Remand | Orissa HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, accused of offences punishable under Sections 305(a)/331(4)/317(2)(5) & 3(5) of BNS (theft and receiving stolen property) in GR Case No.06 of 2026, should be admitted to bail.

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Court's answer

The Court admitted the petitioner to bail without expressing any view on merits, subject to verification of his criminal antecedent for more than two criminal cases.

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Ratio / Principle

The petitioner is to be released on furnishing bail bonds of Rs.25,000/- 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 it deems fit and proper.

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Key takeaways

In view of the specific submission advanced for the petitioner (counsel volunteering to withhold bail if there are more than two antecedents), the benefit of the bail order shall not be extended to the petitioner if he has more than two criminal antecedents besides this case.ratio¶14

Detailed headnote1 paragraphs

Bail - conditional grant. High Court of Orissa at Cuttack (G. Satapathy, J.), oral order dated 02.07.2026 in BLAPL No.5025 of 2026 filed under Section 483 BNSS by Basanta Saraf, in custody since 23.04.2026 in connection with Bissamcuttack PS Case No.01 of 2026 / GR Case No.06 of 2026 (JMFC, Bissamcuttack) for offences punishable under Sections 305(a)/331(4)/317(2)(5) & 3(5) of BNS on allegations of theft and receiving stolen properties. Considering the nature and gravity of the offences, substantial progress in investigation, the offence being triable by a Magistrate and the accused's right to be presumed innocent until proven guilty, the Court admitted the petitioner to bail without expressing any view on merits, subject to verification that he does not have more than two criminal antecedents besides the present case; bail on furnishing bail bonds of Rs.25,000/- with one solvent surety for the like amount; benefit of the order expressly withheld if more than two prior antecedents exist; BLAPL disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.5025 of 2026 Basanta Saraf … Petitioner

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Mr. S.K.Bhanjadeo, Advocate

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-versus-

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State of Odisha … Opposite Party Mr. M.R. Patra, Addl. PP

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CORAM:JUSTICE G. SATAPATHY ORDER(ORAL):02.07.2026

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Order No.

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01.

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This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Bissamcuttack PS Case No.01 of 2026 corresponding to GR Case No.06 of 2026 pending in the file of learned JMFC, Bissamcuttack for commission of offences punishable U/Ss.305(a)/331(4)/317(2)(5) & 3(5) of BNS, on the main allegation of committing theft and receiving stolen properties.

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Heard, Mr. Sanjib Kumar Bhanjadeo, learned counsel for the petitioner and Mr. M.R.Patra, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Bhanjadeo volunteers to withhold bail to the petitioner, if he is having more than two criminal antecedents.

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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 pre trial detention of the petitioner in custody since 23.04.2026 with substantial

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progress in investigation and the offences alleged against the petitioner being triable by Magistrate and keeping in view the inherent right of the accusedpetitioner to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merits admits the petitioner to bail, but subject to verification of his criminal antecedent for more than two criminal cases.

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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.25,000/- (Rupees Twenty-Five 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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In view of the specific submission as advanced for the petitioner, the benefit of this order shall not be extended to the petitioner, if he is having more than two criminal antecedents, besides this case. 5. Accordingly, the BLAPL stands disposed of. 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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(G. Satapathy)

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Digitally Signed Signed by: PRIYAJIT SAHOO Reason: Authentication Location: HIGH COURT OF ORI Priyajit SSA Date: 02-Jul-2026 21:38:15

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Judge

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Basanta Saraf v. State of Odisha

Case brief

What is this about?

What did the court decide?

Basanta Saraf 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

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