Rabindra Jena@Kalia Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Rabindra Jena@Kalia Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the N.B.W.-issuance portions of the orders dated 22.12.2021 and 18.07.2025 of the Adhoc Additional Sessions Judge (FTSC), Balasore; direction to the petitioner to surrender before the trial court and move for bail within fifteen days, with release on stringent bail conditions thereafter; counsel to donate a standard NDPS textbook (with geotagged proof) to the Balasore Bar Association Welfare Fund.

Issue for consideration

Whether the N.B.W. issued against the petitioner through the orders dated 22.12.2021 and 18.07.2025 of the learned Adhoc Additional Sessions Judge (FTSC), Balasore in S.T Case No.221/2014(A)/07/2021 (Khaira P.S. Case No.57 of 2011) should be quashed so that he may surrender and be released on bail afresh.

Court's answer

This Court allowed the CRLMC and quashed the orders dated 22.12.2021 and 18.07.2025 of the learned Adhoc Additional Sessions Judge (FTSC), Balasore in S.T Case No.221/2014(A)/07/2021 so far as they relate to issuance of the N.B.W. against the petitioner.

Ratio / Principle

The petitioner is directed to surrender before the court in seisin over the matter and to move for bail within a period of fifteen days.

Key takeaways

On such surrender, the trial court shall release the petitioner on bail with stringent conditions so as to enable him to appear before the court on each date of posting of the case.ratio¶6
As an additional condition, learned counsel for the petitioner shall donate a standard textbook on NDPS to the Balasore Bar Association Welfare Fund and show the geotagging of the donation to the learned court in seisin over the matter.ratio¶6

Detailed headnote1 paragraphs

CRLMC No. 141 of 2026 (High Court of Orissa at Cuttack; Dr. Sanjeeb K Panigrahi, Judge; order dated 13.01.2026): Rabindra Jena @ Kalia, earlier on bail in S.T Case No.221/2014(A)/07/2021 (arising out of Khaira P.S. Case No.57 of 2011) and regularly attending postings, failed to appear on 22.12.2021 — attributed by his counsel to a communication gap with the conducting counsel — following which the learned Adhoc Additional Sessions Judge (FTSC), Balasore issued an N.B.W. against him (orders dated 22.12.2021 and 18.07.2025). This Court quashed both orders so far as they relate to issuance of the N.B.W., directed the petitioner to surrender before the court in seisin and move for bail within fifteen days, and directed that on surrender the trial court release him on bail with stringent conditions ensuring attendance on each posting date. Counsel for the petitioner was further required to donate a standard NDPS textbook to the Balasore Bar Association Welfare Fund and show geotagging of the donation to the trial court. CRLMC disposed of.

Reason: Authentication Location: OHC Date: 15-Jan-2026 17:49:07

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 141 of 2026

Rabindra Jena @ Kalia ..…... Petitioner(s)

Mr. Deepak Ranjan Parida, Adv.

-Versus-

State of Odisha

……. Opposite Party (s) Ms. Bijaya Laxmi Tripathy, ASC

CORAM:

DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

13.01.2026

Order No.

1. This matter is taken up through hybrid arrangement.

2. Heard learned counsel for the Petitioner and learned counsel for the State.

3. The petitioner has filed this CRLMC assailing the order dated 22.12.2021 and 18.07.2025 passed by the learned Adhoc Additional Sessions Judge (FTSC), Balasore, in S.T Case No.221/2014(A)/07/2021, arising out of Khaira P.S. Case No.57 of 2011, issuing N.B.W. against him.

4. Learned counsel for the Petitioner submits that the petitioner was earlier on bail passed by the court below. He was regularly attending the court on each date of posting of the case. However, on 22.12.2021, the petitioner could not remain present in

court as his conducting counsel did not take any step for his attendance due to communication gap. Hence, the learned Adhoc

Reason: Authentication Location: OHC Date: 15-Jan-2026 17:49:07

2

Additional Sessions Judge (FTSC), Balasore issued N.B.W. against him. He further submits that the Petitioner undertakes that he will cooperate till the end of the trial and appear before the court on each date of posting without fail, failing which, fresh N.B.W. shall be issued against him.

5. In view of such facts and submissions made by the learned counsel for the Petitioner, this Court is inclined to allow the CRLMC. Accordingly, the order dated 22.12.2021 and 18.07.2025 passed by the learned Adhoc Additional Sessions Judge (FTSC), Balasore in the aforesaid case, so far it relates to issuance of N.B.W. against the petitioner, is hereby quashed.

6. The Petitioner is directed to surrender before the court in seisin over the matter in the aforesaid case and move for bail within a period of fifteen days hence. On such event, the said court shall release him on bail with some stringent conditions so as to enable him to appear before the court on each date of posting of the case. In addition, learned counsel for the Petitioner shall donate standard textbook on NDPS for violating the court’s order to the Balasore Bar Association Welfare Fund and show the geotagging of the donation to the learned court in session over the matter.

7. Accordingly, the CRLMC is disposed of.

( Dr. Sanjeeb K Panigrahi) Judge

Gitanjali