Dismissed¶¶19

Raghaba Swain v. State of Odisha

Orissa HC8 Jan 2026BLAPL/6306/2025

Case brief

AI extract

What is this about?

Bail under S.483 BNSS rejected; murder case under Ss.341/302/506/120-B IPC; oral dying declaration contained in PW10's Magistrate statement Ext.P-11; trial ongoing, other witnesses including IO yet to be examined; homicidal death; reliance on X vrs. State of Rajasthan (2024) SCC Online SC 3539; Buguda PS Case No.952 of 2023; ST Case No.101 of 2024; Addl. Sessions Judge, Bhanjanagar; Raghaba Swain v. State of Orissa; BLAPL No.6306 of 2025; High Court of Orissa at Cuttack; decided 08.01.2026 by Justice G. Satapathy; advocates Lalitendu Bhuyan (petitioner) and P.Satapathy, Addl. PP (State).

What did the court decide?

PW10's statement before the Magistrate (Ext.P-11) contains the oral dying declaration of the deceased, notwithstanding that PW10 put his signature on it. ¶¶17

Raghaba Swain Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2026)

What the court decided

AI extract

Outcome

Dismissed

¶¶19

Issue for consideration

Whether the petitioner, facing trial for offences punishable under Sections 341/302/506/120-B IPC for the alleged murder of Sukanta Kumar Panigrahi (Buguda PS Case No.952 of 2023 / ST Case No.101 of 2024), should be granted bail under Section 483 BNSS.

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Court's answer

PW10's statement before the Magistrate (Ext.P-11) contains the oral dying declaration of the deceased, notwithstanding that PW10 put his signature on it.

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Ratio / Principle

The trial is ongoing and other witnesses, including the Investigating Officer, are yet to be examined.

¶¶17

Key takeaways

Taking into consideration the nature and gravity of the offences alleged against the petitioner, the materials collected in support of the allegation, the homicidal death of the deceased, and the law laid down by the Apex Court in X vrs. State of Rajasthan (2024) SCC Online SC 3539, the Court is not inclined to grant bail and rejects the bail application.ratio¶¶18
The learned trial Court is requested not to take into consideration any observation made by this Court in the bail application, since the same is purely for disposal of the bail application.ratio¶¶19

Detailed headnote1 paragraphs

Orissa High Court at Cuttack (G. Satapathy, J., 08.01.2026) — BLAPL No.6306 of 2025, Raghaba Swain v. State of Orissa: bail under S.483 BNSS sought in Buguda PS Case No.952 of 2023 / ST Case No.101 of 2024 pending before the Addl. Sessions Judge, Bhanjanagar, for offences punishable under Ss.341/302/506/120-B IPC on the allegation of murdering Sukanta Kumar Panigrahi with a knife. The petitioner contended that the witnesses examined (PWs 1 to 13) had not supported the prosecution case; the Court held that PW10's statement before the Magistrate (Ext.P-11) contains the oral dying declaration of the deceased, that the trial is ongoing with other witnesses including the IO yet to be examined, and, weighing the nature and gravity of the offences, the materials collected, the homicidal death and the law laid down in X vrs. State of Rajasthan, (2024) SCC Online SC 3539, refused bail. The BLAPL was rejected/disposed of, with a request to the trial Court not to take into consideration any observation made in the bail order.

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.6306 of 2025

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Raghaba Swain

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Petitioner

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Mr. L.Bhuyan, Advocate

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-versus-

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State of Orissa

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… Opposite Party

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Mr. P.Satapathy, Addl. PP

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CORAM: JUSTICE G. SATAPATHY

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Order No. 05.

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ORDER(ORAL) 08.01.2026

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

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This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Buguda PS Case No.952 of 2023 corresponding to ST Case No.101 of 2024 pending in the file of learned Addl. Sessions Judge, Bhanjanagar for commission of offences punishable U/Ss. 341/302/506/120-B of the IPC, on the main allegation of committing murder of one Sukanta Kumar Panigrahi by assaulting him with a knife.

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Heard, Mr. Lalitendu Bhuyan, learned counsel for the petitioner and Mr. P.Satapathy, learned Additional Public Prosecutor in the matter and perused the record including the copy of depositions of PWs. 1 to 13.

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It is no doubt advanced for the petitioner that the witnesses examined in this case has not supported the prosecution allegation against the petitioner, but

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¶17

the witness PW10 has stated to have given statement before the Magistrate under Ext.P-11 by putting his signature on it, but fact remains that his such statement contains oral dying declaration of the deceased. Right now the trial is going on and other witnesses are yet to be examined including the IO. In that view of the matter and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the allegation sought to be brought against him and regard being had to the materials collected in support of the allegation against the petitioner and keeping in view the homicidal death of the deceased and the law laid down by Apex Court in

¶18

X vrs. State of Rajasthan (2024) SCC Online SC 3539 , this Court is not inclined to grant bail to the petitioner.

¶19

Hence, the bail application of the petitioner stands rejected. The learned trial Court is, however, requested to not take into consideration any observation made by this Court in this bail application, since the same is purely for disposal of the bail application.

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Accordingly, the BLAPL stands disposed of. A soft copy of the order be immediately communicated to the learned trial Court for reference.

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Signature Not Verified

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Digitally Signed Signed by: KISHORE KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 09-Jan-2026 15:33:34 kishore

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Raghaba Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Raghaba Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

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Coram

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