Disposed¶30

Manoj Kumar Jena v. State of Odisha

Orissa HC12 Jan 2026CRLMC/92/2026

Case brief

AI extract

What is this about?

Orissa HC Cuttack; CRLMC 92/2026; Justice Sanjeeb K Panigrahi; 12.01.2026; NBW quashed; non-bailable warrant; bail violation; Spl POCSO Case 56/2025 Bhadrak; Dhamnagar P.S. Case 158/2025; petitioner absent due to counsel communication gap; surrender within 15 days; fresh bail with stringent conditions; Rs.500 cost; Bhadrak Bar Association Welfare Fund; library books.

What did the court decide?

N.B.W. issued on 18.12.2025 against the petitioner quashed; petitioner directed to surrender before the court in seisin and move for bail within fifteen days, to be released on bail with stringent conditions ensuring attendance on each date of posting; Rs.500/- cost for violating the court's order to be deposited with the Bhadrak Bar Association Welfare Fund for purchase of library books, receipt to be presented before the court in seisin. ¶30

Manoj Kumar Jena 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 N.B.W. issued against the petitioner on 18.12.2025 should be quashed, given that he was already on bail and his non-appearance arose from a communication gap of his conducting counsel. +1 more

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Court's answer

The order dated 18.12.2025 passed by the learned Additional Sessions Judge-cum-Spl. POCSO, Bhadrak is quashed so far as it relates to issuance of N.B.W. against the petitioner; the Court is inclined to allow the CRLMC.

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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 a period of fifteen days.

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Key takeaways

On such surrender, the court in seisin 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¶26
In addition, the petitioner shall deposit Rs.500/- (rupees five hundred only) as cost for violating the court's order; the amount is to be deposited with the Bhadrak Bar Association Welfare Fund for the purpose of purchasing library books, and the copy of the receipt of the deposit shall be presented before the court in seisin over the matter.ratio¶26

Detailed headnote1 paragraphs

CRLMC No. 92 of 2026 (High Court of Orissa at Cuttack, Dr. Sanjeeb K Panigrahi, J.) — disposed of on 12.01.2026. The N.B.W. issued on 18.12.2025 by the learned Additional Sessions Judge-cum-Spl. POCSO, Bhadrak in Spl. POCSO Case No.56 of 2025 (arising out of Dhamnagar P.S. Case No.158 of 2025) against the petitioner — who was already on bail vide order dated 12.12.2025 of the court below and whose non-appearance was attributed to a communication gap of his conducting counsel — was quashed so far as it related to issuance of the N.B.W. The petitioner was directed to surrender before the court in seisin and move for bail within fifteen days; on surrender, the court in seisin was to release him on bail with stringent conditions so as to ensure his appearance on each date of posting. He was further required to deposit Rs.500/- (rupees five hundred only) as cost for violating the court's order, payable to the Bhadrak Bar Association Welfare Fund for the purpose of purchasing library books, with the receipt of the deposit to be presented before the court in seisin.

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Signature Not Verified

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Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 15-Jan-2026 17:48:08

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No. 92 of 2026

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Manoj Kumar Jena

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..…... Petitioner(s)

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Mr. Sukanta Kumar Nayak, Adv.

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-Versus-

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State of Odisha

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……. Respondent(s) Mr. Udit Ranjan Jena, AGA

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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 18.12.2025 passed by the learned Additional Sessions Judge-cumSpl. POCSO, Bhadrak in Spl. POCSO Case No.56 of 2025, arising out of Dhamnagar P.S. Case No.158 of 2025, 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 12.12.2025 passed by the court below. He was regularly attending the court on each date of posting of the case. However, on 18.12.2025, the petitioner could not remain

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Signature Not Verified

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Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 15-Jan-2026 17:48:08

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present in court as his conducting counsel did not take any step for his attendance due to communication gap. Hence, the learned Additional Sessions Judge-cum-Spl. POCSO, 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 18.12.2025 passed by the learned Additional Sessions Judge-cum-Spl. POCSO, 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 Bhadrak Bar Association Welfare Fund for the purpose of purchasing library book. The

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Signature Not Verified Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 15-Jan-2026 17:48:08

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

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