Sudhira Behera @ Sudhira Kumar Behera Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Sudhira Behera @ Sudhira Kumar Behera Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

CRLMC allowed and disposed of; N.B.W. dated 05.08.2025 quashed; Petitioners to surrender and move for bail within fifteen working days, with release on stringent conditions; Rs.500/- cost payable by each Petitioner to the District Court Bar Association, Ganjam.

Issue for consideration

Whether the Non-Bailable Warrant (NBW) dated 05.08.2025 issued against the Petitioners in G.R. Case No.619 of 2022 (arising out of Tangi P.S. Case No.852 dated 18.12.2022) ought to be quashed, given their explained non-appearance on 08.05.2025 and undertaking to cooperate till the end of the trial.

Ratio / Principle

The order of N.B.W. issued to the Petitioners on 05.08.2025 by the learned Court below in G.R. Case No.619 of 2022 is quashed.

Key takeaways

The Petitioners are directed to surrender before the learned court in seisin and move for bail within fifteen working days; upon doing so, the said court shall release them on bail with some stringent conditions.ratio¶21
Each Petitioner shall deposit Rs.500/- (rupees five hundred only) as cost for violating the court's order, in favour of the District Court Bar Association, Ganjam, to be utilised for purchasing books in the Bar Library; the receipt of deposit shall be presented before the learned court in seisin.ratio¶21

Detailed headnote1 paragraphs

CRLMC No.1151 of 2026 (High Court of Orissa at Cuttack, Dr. Justice Sanjeeb K Panigrahi, order dated 10.04.2026): The Court allowed the CRLMC and quashed the N.B.W. dated 05.08.2025 issued by the learned court in seisin against petitioners Sudhira Kumar Behera & Anr. in G.R. Case No.619 of 2022 (arising out of Tangi P.S. Case No.852 dated 18.12.2022), accepting counsel's submission that the Petitioners, long on bail and regular in attendance, missed only the posting of 08.05.2025 due to noncommunication by the conducting Counsel, coupled with their undertaking to cooperate till the end of the trial and appear on each future date. The Petitioners were directed to surrender and move for bail within fifteen working days, with release on stringent conditions, and each was ordered to deposit Rs.500/- as cost to the District Court Bar Association, Ganjam, for purchase of Bar Library books; CRLMC accordingly disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1151 of 2026

Sudhira Behera @ …. Petitioner(s) Sudhira Kumar Behera & Anr.

Mr. Prafulla Kumar Rath, Adv.

-versus-

…. State of Odisha Opposite Party(s) Smt. Sarita Moharana, ASC

CORAM:

HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI

Order No. 01.

ORDER

10.04.2026

1. This matter is taken up through hybrid arrangement.

2. The Petitioners have filed this CRLMC assailing the order of NBW dated 05.08.2025 issued by the learned Court in seisin over the matter in G.R. Case No.619 of 2022 arising out of Tangi P.S. Case No.852 dated 18.12.2022, against them.

3. Heard.

Signature Not Verified

4. Learned counsel for the Petitioners submits that the Petitioners have been on bail since long. They were regularly attending the court on each date of posting of the case. However, on 08.05.2025, the Petitioners could not remain present in court due to noncommunication by the conducting Counsel. Hence, the learned Court in seisin over the matter issued the order of N.B.W. against them. He further submits that the Petitioners

Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 10-Apr-2026 14:34:03

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undertakes to cooperate till the end of the trial and appear before the learned court below on each date of posting of the case without fail.

5. In view of such facts and submissions made by the learned counsel for the Petitioners, this Court is inclined to allow the present CRLMC. Accordingly, the order of N.B.W issued to the Petitioners on 05.08.2025 by the learned Court below in the aforesaid case is, hereby, quashed.

6. The Petitioners are directed to surrender before the learned court in seisin over the matter in the aforesaid case and move for bail within a period of fifteen working days hence. In such event, the said court shall release them on bail with some stringent conditions. In addition, each of the Petitioners shall deposit a sum of Rs.500/- (rupees five hundred only) as cost for violating the court’s order, in favour of the District Court Bar Association, Ganjam. The said amount shall be utilized for the purpose of purchasing of books in the Bar Library. Receipt showing deposit of the cost shall be presented before the learned court in seisin over the matter.

7. Accordingly, this CRLMC is disposed of.

(Dr. Sanjeeb K Panigrahi)

Judge

Signature Not Verified

Digitally Signed Ayaskanta Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 10-Apr-2026 14:34:03

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