Dillip Kumar Behera @ Dillip Behera @ Bahudi v. State of Odisha

Orissa HC28 Jan 2026BLAPL/8258/2025

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack - Justice G. Satapathy - 28.01.2026 - BLAPL Nos.8258 & 8504 of 2025 - bail under S.483 BNSS rejected; accused in murder/abduction case (Ss.364/302/120-B/201 r/w Sec.34 IPC, Maniabandha PS Case 82/2023, ST Case 09/2024, JMFC Badamba); grounds: ongoing trial, custody since 22.09.2023, material witness Natabar Rout unexamined; reliance on X v. State of Rajasthan, (2024) SCC OnLine SC 3539; S.302 IPC question left open as premature.

What did the court decide?

The Court does not consider it proper to grant bail to the petitioners at this stage, and consequently both bail applications (BLAPL Nos.8258 & 8504 of 2025) stand rejected and disposed of. ¶para 5

Dillip Kumar Behera @ Dillip Behera @ Bahudi Vs… — Murder and Culpable Homicide | Orissa HC (2026)

What the court decided

AI extract

Outcome

Dismissed

¶para 6

Issue for consideration

Whether the petitioners, charged under Ss.364/302/120-B/201 r/w Sec.34 IPC for the alleged abduction and murder of Santosh Biswal in Maniabandha PS Case No.82 of 2023 (ST Case No.09 of 2024, JMFC Badamba), should be granted bail under S.483 BNSS at the present stage of the ongoing trial. +1 more

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Court's answer

The Court does not consider it proper to grant bail to the petitioners at this stage, and consequently both bail applications (BLAPL Nos.8258 & 8504 of 2025) stand rejected and disposed of.

¶para 5

Ratio / Principle

In deciding bail, the Court went through the evidence of the witnesses so far examined, took into account that the ST trial is ongoing, and kept in view the law laid down by the Apex Court in X v. State of Rajasthan.

¶para 5

Key takeaways

A last and material ground for refusing bail is that material witness Natabar Rout has not yet been examined.ratio¶para 5
On the defence plea that no S.302 IPC offence is made out and only kidnapping could at best be attracted, the Court expressly refrained from pronouncing, holding it too early to comment on such submissions.obiter¶para 5

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (G. Satapathy, J., oral order dated 28.01.2026) - BLAPL Nos.8258 & 8504 of 2025: Common order rejecting two bail applications under S.483 BNSS filed by Dillip Kumar Behera @ Dillip Behera @ Bahudi and Suryakanta Pradhan @ Babuli, accused along with coaccused under Ss.364/302/120-B/201 r/w Sec.34 IPC in Maniabandha PS Case No.82 of 2023, corresponding to ST Case No.09 of 2024 pending before learned JMFC, Badamba, on the allegation of abducting the deceased Santosh Biswal in a vehicle and committing his murder in furtherance of common intention. Bail was refused because the trial is going on, one petitioner is in custody since 22.09.2023, and material witness Natabar Rout is yet to be examined; the Court acted keeping in view the law laid down by the Apex Court in X v. State of Rajasthan, (2024) SCC OnLine SC 3539. The Court expressly declined to rule on the defence plea that no case under S.302 IPC was made out, observing it was 'too early' to comment.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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Dillip Kumar Behera @ Dillip Behera @ Bahudi (In BLAPL No.8258 of 2025) Suryakanta Pradhan @ Babuli

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(In BLAPL No.8504 of 2025) … Petitioners

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Mr. J. Katikia, Advocate (in BLAPL No.8258 of 2025) Mr. A. Mohanty, Advocate (in BLAPL No.8504 of 2025)

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-versus-

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State of Orissa … Opposite Party Mr. R.B. Mishra, Addl. PP

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Order No.

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03.

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CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 28.01.2026

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

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Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.

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These two applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Maniabandha PS Case No.82 of 2023 corresponding to ST Case No.09 of 2024 pending in the Court of learned JMFC, Badamba for commission of offences punishable U/Ss.364/302/120-B/201 r/w Sec.34 of IPC, on the main allegation of committing murder of the deceased Santosh Biswal by abducting him in a vehicle, along with coaccused persons in furtherance of their common intention.

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Page 1 of 3

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In the course of hearing, Mr. Janmejaya Katikia, learned counsel for the petitioner in BLAPL No.8258 of 2025 submits by referring to the evidence of PWs.2 and 3 that there is no evidence to implicate the petitioner for committing murder of the deceased and whatever evidence is available on record, at best a case of kidnapping would be attracted against the petitioner, however, the evidence being not complete, it is too early to say that the accused is prima facie guilty of any offence. Mr. Katikia, further submits that the petitioner is in custody since 22.09.2023 and in the meantime, materials witnesses having already been examined, there would not be any impediment to grant bail to the petitioner at this stage. Accordingly, Mr. Katikia, prays to grant bail to the petitioner.

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4.1. In echoing such submission as advanced by Mr. Katikia, Mr. A. Mohanty, learned counsel for the petitioner in BLAPL No.8504 of 2025 submits that there is in fact no substantial evidence surfaced against the petitioner, but the entire family members of the petitioner have been implicated in this case due to prior enmity and the petitioner having detained in custody for a substantial period, may kindly be granted bail.

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4.2. On the other hand, Mr. R.B. Mishra, learned Addl. PP, however, strongly opposes the bail application of the petitioners by contending inter alia that not only these petitioners were last seen with the deceased while being taken on the vehicle, but their implication in this case is palpable and material witness like Natabar Rout

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Page 2 of 3

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having not yet been examined, it would be risky to grant bail to the petitioners, as they can influence the witness Natabar Rout. Accordingly, Mr. R.B. Mishra, prays to reject the bail applications of the petitioners.

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After having considered the rival submissions upon perusal of record, there appears allegation against the petitioners for abducting the deceased and committing murder, along with co-accused persons in furtherance of their common intention, but right now what is advanced is that no case U/S.302 is made out against the petitioners, but it is too early to comment on such submissions advanced. In this case, after going through the evidence of the witnesses so far examined on the backdrop of the allegation levelled against the petitioners and taking into account the trial being going on keeping in view the law laid down by the Apex Court in

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X vs. State of Rajasthan; (2024) SCC OnLine SC 3539 and last but not the least, the material witness like Natabar Rout having not yet been examined, this Court does not consider it proper to grant bail to the petitioners at this stage.

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Hence, the bail applications of the petitioners Dillip Kumar Behera @ Dillip Behera @ Bahudi in BLAPL No.8258 of 2025 and Suryakanta Pradhan @ Babuli in BLAPL No.8504 of 2025 stand rejected. Accordingly, the Signature Not VerifiedBLAPL Nos.8258 & 8504 of 2025 stand disposed of.

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Digitally Signed Signed by: JAYAKRUSHNA DASH Reason: Authentication Location: High Court of Orissa, C utta ck Date: 29-Jan-2026 15:24:58 (G. Satapathy)

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Judge

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Jayakrushna

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Dillip Kumar Behera @ Dillip Behera @ Bahudi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dillip Kumar Behera @ Dillip Behera @ Bahudi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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