Disposed¶28

Santosh Kumar Majhi v. State of Odisha

Orissa HC12 Jan 2026CRLMC/5691/2025

Case brief

AI extract

What is this about?

CRLMC Orissa High Court Cuttack; quashing of NBW non-bailable warrant issued for non-appearance despite bail; petitioner Santosh Kumar Majhi on bail in BLAPL No.670 of 2020; S.T. Case No.09 of 2018, Dhusuri P.S. Case No.105 of 2019, Special Judge Bhadrak; order dated 10.09.2025 quashed qua N.B.W.; direction to surrender and move for bail within fifteen days; release on stringent conditions; cost of Rs.500/- to High Court Bar Association Welfare Fund; Dr. Justice Sanjeeb K Panigrahi; disposed on 12.01.2026.

What did the court decide?

N.B.W.-issuing portion of the order dated 10.09.2025 quashed; petitioner to surrender and move for bail within fifteen days, to be released on stringent conditions, subject to deposit of Rs.500/- as cost with the High Court Bar Association Welfare Fund. ¶28

Santosh Kumar Majhi 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 non-bailable warrant (N.B.W.) issued against the petitioner on 10.09.2025 by the learned Special Judge, Bhadrak, despite his being on bail, should be quashed.

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Court's answer

The order dated 10.09.2025 passed by the learned Special Judge, Bhadrak, so far as it relates to issuance of N.B.W. against the petitioner, is quashed.

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Ratio / Principle

The petitioner is directed to surrender before the court in seisin over the matter and move for bail within fifteen days; on such surrender, the said court shall release him on bail with stringent conditions so as to enable him to appear on each date of posting of the case.

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Key takeaways

As a condition, the petitioner shall deposit Rs.500/- (rupees five hundred only) as cost for violating the court's order, with the amount going to the High Court Bar Association Welfare Fund and the receipt presented before the court in seisin.ratio¶24

Detailed headnote1 paragraphs

Orissa High Court, Cuttack (single Bench, Dr. Justice Sanjeeb K Panigrahi), CRLMC No. 5691 of 2025, decided 12.01.2026 — Santosh Kumar Majhi, on bail since 08.10.2020 in BLAPL No.670 of 2020 in S.T. Case No.09 of 2018 (Dhusuri P.S. Case No.105 of 2019), failed to appear before the learned Special Judge, Bhadrak on 10.09.2025 as he was out of State, whereupon an N.B.W. was issued against him. The Court held that, in view of the facts and submissions of counsel, the order dated 10.09.2025, so far as it relates to issuance of the N.B.W., stood quashed. The petitioner was directed to surrender before the court in seisin and move for bail within fifteen days, with release on stringent conditions ensuring attendance on each date of posting, coupled with deposit of Rs.500/- as cost for violating the court's order to the High Court Bar Association Welfare Fund. CRLMC disposed of accordingly.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No. 5691 of 2025

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Santosh Kumar Majhi

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..…... Petitioner(s)

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Mr. Priya Ranjan Mishra, Adv.

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-Versus-

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State of Odisha

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……. Respondent(s) Ms. Bijaya Laxmi Tripathy, ASC

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CORAM:

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DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

12.01.2026

Order No.

This matter is taken up through hybrid arrangement.

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

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The petitioner has filed this CRLMC assailing the order dated 10.09.2025 passed by the learned Special Judge, Bhadrak in S.T. Case No.09 of 2018, arising out of Dhusuri P.S. Case No.105 of 2019, issuing N.B.W. against him.

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Learned counsel for the Petitioner submits that the petitioner is on bail vide order dated 08.10.2020 passed by this Court in BLAPL No.670 of 2020. He was regularly attending the court on each date of posting of the case. However, on 10.09.2025, the petitioner could not remain present in court as he was out of State

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 12-Jan-2026 18:25:57

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due to some urgent works and his conducting counsel did not take any step for his attendance due to communication gap. Hence, the learned Special Judge, Bhadrak 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.

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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 10.09.2025 passed by the learned Special Judge, Bhadrak in the aforesaid case, so far it relates to issuance of N.B.W. against the petitioner, is hereby quashed.

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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 High Court Bar Association Welfare Fund and copy of the receipt of the said deposit shall be presented before the court in seisin over the matter.

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 12-Jan-2026 18:25:57

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