Bapan Ghosh Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Bapan Ghosh Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Cattle ordered to be released to the Petitioner on deposit of cash security of Rs.5,00,000/- and execution of an indemnity bond for Rs.9,15,000/-; Rs.50,000/- out of the deposit to be released to the authorized person of Maa Baradalia Gosala Patapur Sasan (care & maintenance institution); balance Rs.4,50,000/- to be kept in an interest bearing account subject to outcome of the lis.

Issue for consideration

Whether the cattle, whose release had been rejected by the learned S.D.J.M., Khordha, may now be released to the Petitioner in view of completion of investigation. +1 more

Court's answer

Since the investigation is complete, retaining the cattle further would serve no purpose, and a direction for release of the cattle can be passed by putting the Petitioner to terms.

Ratio / Principle

The cattle shall be released in favour of the Petitioner upon his depositing a cash security of Rs.5,00,000/- (Rupees Five Lakh) and executing an indemnity bond for the balance amount of Rs.9,15,000/- (Rupees Nine Lakh Fifteen Thousand).

Key takeaways

Out of the deposited cash security of Rs.5,00,000/-, Rs.50,000/- (Rupees Fifty Thousand) shall be released in favour of the authorized person of Maa Baradalia Gosala Patapur Sasan under Bolagarh PS, the institution entrusted with the care & maintenance of the cattle.ratio¶23
The balance amount of Rs.4,50,000/- (Rupees Four Lakh Fifty Thousand) shall be kept in an interest bearing account subject to the outcome of the lis.ratio¶24
The above conditions were stipulated taking into account the legitimate concern expressed by the learned Public Prosecutor that the Petitioner is a flight risk.

Detailed headnote1 paragraphs

Criminal Revision (CRLREV No.332 of 2026, High Court of Orissa, V. Narasingh J., order dated 01.07.2026): Assailing the order dated 16.03.2026 of the learned S.D.J.M., Khordha (Misc. Case No.20 of 2026) rejecting release of cattle connected with the Petitioner's charge sheet for offences under Section 303(2)/3(5) of BNS and Section 11(1)(a)/11(1)(d) of the Prevention of Cruelty to Animals Act, 1960, the Court held that since the investigation is complete, retaining the cattle further serves no purpose. Direction issued for release of the cattle (valued at Rs.14,15,000/- per purchase bill, Annexure-4 Series) to the Petitioner upon deposit of cash security of Rs.5,00,000/- and execution of an indemnity bond for Rs.9,15,000/-; Rs.50,000/- of the deposit is to be released to the authorized person of Maa Baradalia Gosala Patapur Sasan under Bolagarh PS (institution entrusted with care & maintenance of the cattle), and the remaining Rs.4,50,000/- kept in an interest bearing account subject to outcome of the lis. Conditions stipulated in view of the learned Public Prosecutor's legitimate concern that the Petitioner is a flight risk. Revision disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLREV No.332 of 2026

Bapan Ghosh

Petitioner

Mr. A. Nayak, Advocate

-versus-

State of Odisha

…. Opposite Parties

Mr. C.R. Swain AGA

CORAM: JUSTICE V. NARASINGH ORDER

01.07.2026

Order No.

03 .

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

The Petitioner has been charge sheeted, which is on record, for commission of offence under Section 303(2)/3(5) of BNS and Section 11(1)(a)/11(1)(d) of Prevention of Cruelty to Animals Act, 1960.

Assailing the order dated 16.03.2026 passed by the learned S.D.J.M., Khordha in Misc. Case No.20 of 2026 rejecting the prayer of the Petitioner for release of the cattle, the present Revision has been preferred.

It is the submission of the learned counsel for the Petitioner that in the meanwhile investigation has been completed and he has prima facie material to indicate the ownership for which he relies on the purchase bill. Hence, he submits that the cattle may be released in favour of the Petitioner.

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The purchase bill at Annexure-4 Series indicates the value of the cattle as Rs.14,15,000/-

Per contra, learned counsel for the State opposes the prayer and he relies on the affidavit filed by the I.O. wherein the genuineness of the health certificate has been questioned.

Considering the rival submission, this Court is of the considered view that retaining the cattle any further would not serve any purpose, since the investigation is complete and direction for release of the same can be passed by putting the Petitioner to terms.

Considering the rival submission, it is directed that the Petitioner on depositing the cash security of Rs.5,00,000/- (Rupees Five Lakh) and executing an indemnity bond for the balance amount of Rs.9,15,000/- (Rupees Nine Lakh Fifteen Thousand), the cattle shall be released in his favour.

Out of Rs.5,00,000/- (Rupees Five Lakh) so deposited, Rs.50,000/- (Rupees Fifty Thousand) shall be released in favour of the authorized person of Maa Baradalia Gosala Patapur Sasan under Bolagarh PS, the institution entrusted with the care & maintenance of the cattle.

The balance amount of Rs.4,50,000/- (Rupees Four Lakh Fifty Thousand) shall be kept in an interest bearing account subject to outcome of the lis.

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Such condition is stipulated taking into account the legitimate concern expressed by the learned Public Prosecutor that the Petitioner is a flight risk.

Accordingly, the CRLREV stands disposed of.

(V. Narasingh) Judge

Ayesha

Signature Not Verified

Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 02-Jul-2026 20:01:38

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