Rajot Patra@Rajat Kumar Patra Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Rajot Patra@Rajat Kumar Patra Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

CRLMC allowed; order dated 22.01.2026 of the learned SDJM, Malkangiri quashed insofar as it issued N.B.W(A) against the petitioners; petitioners to surrender and move for bail within fifteen days and to be released on bail with stringent conditions; Rs.500 cost per petitioner payable to the Malkangiri Bar Association Welfare Fund for purchase of books for the Bar library.

Issue for consideration

Whether the N.B.W(A) issued by the learned SDJM, Malkangiri on 22.01.2026 against the petitioners — who were already on bail and failed to appear on that date owing to a communication gap with their counsel — ought to be quashed.

Court's answer

The CRLMC is allowed and the order dated 22.01.2026 of the learned SDJM, Malkangiri is quashed insofar as it relates to issuance of N.B.W(A) against the petitioners.

Ratio / Principle

Petitioners directed to surrender before the court seized of the matter and move for bail within fifteen days; on doing so, the said court shall release them on bail with stringent conditions enabling their appearance on each date of posting of the case.

Key takeaways

Each petitioner shall deposit Rs.500/- as cost for violating the court's order; the amount is to be deposited with the Malkangiri Bar Association Welfare Fund for purchasing books for the Bar library, and the deposit receipt is to be presented before the trial court.ratio¶6

Detailed headnote1 paragraphs

Criminal Miscellaneous — Quashing of non-bailable warrant (N.B.W(A)) — Petitioners, already on bail vide order dated 11.04.2025 of the court below, failed to appear before the learned SDJM, Malkangiri on 22.01.2026 owing to a communication gap between them and their counsel, whereupon N.B.W(A) was issued in G.R Case No.414 of 2023 (Malkangiri P.S. Case No.349 of 2023). Held: the warrant is quashed; petitioners directed to surrender before the trial court and move for bail within fifteen days, whereupon they shall be released on bail subject to stringent conditions ensuring attendance on every date of posting; each petitioner to pay Rs.500 as cost for violating the court's order, to be deposited with the Malkangiri Bar Association Welfare Fund for purchasing books for the Bar library, with the deposit receipt to be shown to the trial court; CRLMC disposed of accordingly (Dr. Sanjeeb K Panigrahi, J.).

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1557 of 2026

Rajot Patra @ Rajat ...…... Petitioner(s) Kumar Patra & Anr. Mr. Asit Kumar Jena,

Advocate

-Versus-

……. State of Odisha Opposite Party (s) Mr. Debasish Nayak, AGA

CORAM:

DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

14.05.2026

Order No.

1. This matter is taken up through hybrid arrangement.

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

3. The Petitioners have filed this CRLMC assailing the order dated 22.01.2026 passed by the learned SDJM, Malkangiri in connection with G.R Case No.414 of 2023, arising out of Malkangiri P.S. Case No.349 of 2023, issuing N.B.W(A) against them.

4. Learned counsel for the Petitioners submits that the petitioners were earlier on bail vide order dated 11.04.2025 passed by the court below. They were regularly attending the court on each date of posting of the case. However, on 22.01.2026, the

petitioners could not remain present in court as his conducting Signature Not Verified

Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 15-May-2026 18:22:51

2

counsel did not take any step for his attendance due to communication gap. Hence, the learned SDJM, Malkangiri, issued N.B.W (A) against them. He further submits that the Petitioners undertake that they 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 (A) shall be issued against them.

5. In view of such facts and submissions made by the learned counsel for the Petitioners, this Court is inclined to allow the CRLMC. Accordingly, the order dated 22.01.2026 passed by the learned SDJM, Malkangiri in the aforesaid case, so far it relates to issuance of N.B.W(A) against the petitioners, is hereby quashed.

6. The Petitioners are 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 them on bail with some stringent conditions so as to enable them to appear before the court on each date of posting of the case. In addition, each of the Petitioner shall deposit a sum of Rs.500/(Rupees Five Hundred only) as cost for violating the court’s order. The said amount shall be deposited with the Malkangiri Bar Association Welfare Fund for the purpose of utilizing the said amount for purchasing books for the Bar library. The copy of the

Signature Not Verified

Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 15-May-2026 18:22:51

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receipt of the said deposit shall be presented before the court in seisin over the matter.

7. Accordingly, the CRLMC is disposed of.

( Dr. Sanjeeb K Panigrahi) Judge

Gitanjali

Signature Not Verified

Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 15-May-2026 18:22:51