K.Ganesh Patra v. State of Odisha

Orissa HC22 Jan 2026CRLMC/263/2026

Case brief

AI extract

What is this about?

Quashing of N.B.W(A) issued on single non-appearance where petitioner was on bail and regularly attending trial; absence due to conducting counsel's illness; surrender and fresh bail within 15 days with stringent conditions; Rs.500 cost to Kodala Bar Association Welfare Fund; CRLMC No. 263 of 2026; S.T. No.108 of 2024; Additional District & Sessions Judge, Kodala; Orissa High Court; Dr. Justice Sanjeeb K Panigrahi.

What did the court decide?

Order dated 05.01.2026 quashed so far as issuance of N.B.W(A) against the petitioner; petitioner to surrender and move for bail within fifteen days, to be released on bail with stringent conditions; Rs.500/- cost for violating the court's order to be deposited with the Kodala Bar Association Welfare Fund for library book, receipt to be presented before the trial court; CRLMC disposed of accordingly

K.Ganesh Patra Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 05.01.2026 of the Additional District & Sessions Judge, Kodala issuing N.B.W(A) against the petitioner in S.T. No.108 of 2024 should be quashed

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Court's answer

CRLMC allowed; the order dated 05.01.2026 of the learned Additional District & Sessions Judge, Kodala is quashed so far as it relates to issuance of N.B.W(A) against the petitioner

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Ratio / Principle

Petitioner directed to surrender before the court in seisin over the matter and move for bail within fifteen days

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Key takeaways

On surrender, the trial court to release the petitioner on bail with stringent conditions to enable his appearance on each date of postingratio¶¶24
Petitioner to deposit Rs.500/- as cost for violating the court's order; the amount to be deposited with the Kodala Bar Association Welfare Fund for purchasing library book, with the deposit receipt presented before the court in seisinratio¶¶24

Detailed headnote1 paragraphs

Orissa High Court (Cuttack), CRLMC No. 263 of 2026, decided 22.01.2026 by Dr. Justice Sanjeeb K Panigrahi — Non-bailable warrant (N.B.W(A)) issued on 05.01.2026 by the Additional District & Sessions Judge, Kodala in S.T. No.108 of 2024 against a petitioner who was on bail since 18.12.2024 and had been regularly attending the trial, his absence on 05.01.2026 being attributable to his conducting counsel taking no step for his attendance due to illness — N.B.W(A) quashed; petitioner directed to surrender and move for bail within fifteen days, whereupon the trial court to release him on bail with stringent conditions; Rs.500/- imposed as cost for violating the court's order, payable to the Kodala Bar Association Welfare Fund for purchase of library books, receipt to be presented before the trial court — CRLMC allowed and disposed of. No statute or precedent cited.

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Signature Not Verified

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Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 27-Jan-2026 17:08:47

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 263 of 2026

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K. Ganesh Patra

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...…... Petitioner(s)

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Mr. Partha Sarathi Das, Adv.

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-Versus-

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

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CORAM:

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DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

22.01.2026

Order No.

1. This matter is taken up through hybrid arrangement.

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

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3. The petitioner has filed this CRLMC assailing the order dated 05.01.2026 passed by the learned Additional District & Sessions Judge, Kodala in S.T. No.108 of 2024, issuing N.B.W(A) against him.

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4. Learned counsel for the Petitioner submits that the petitioner was earlier on bail vide order dated 18.12.2024 passed by the court below. He was regularly attending the court on each date of posting of the case. However, on 05.01.2026, the petitioner could not remain present in court as his conducting counsel did not take

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Signature Not Verified

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Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 27-Jan-2026 17:08:47

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any step for his attendance due to his illness. Hence, the learned Additional District & Sessions Judge, Kodala, issued N.B.W(A) 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(A) shall be issued against him.

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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 05.01.2026 passed by the learned Additional District & Sessions Judge, Kodala in the aforesaid case, so far it relates to issuance of N.B.W(A) against the petitioner, is hereby quashed.

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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, 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 Kodala Bar Association Welfare Fund for the purpose of purchasing library book. The copy

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Signature Not Verified

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Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC

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Date: 27-Jan-2026 17:08:47

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

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7. Accordingly, the CRLMC is disposed of.

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