BLAPL/5782/2026 of ABHAYA KUMAR BEHERA Vs STATE OF ODISHA on 7 September 2026

1. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Parjang P.S. Case No. 417 of 2025 corresponding to G.R. Case No. 517 of 2025 pending in the file of learned JMFC, Parjang, for commission of offences punishable U/S. 103(1)/3(5) of BNS, on the main allegation of committing murder of deceased Prasanta Behera.

2. In the course of hearing, Mr. Prasanna Kumar Mishra, learned counsel for the petitioner submits that there is in fact no allegation against the petitioner either for assaulting the deceased or administering poison to him, but the only facts emerges out from the record is that in order to save the deceased from the assault of co-accused, the present petitioner has taken away the deceased to some other place, but later on the deceased was found sitting on a culvert and he was taken to hospital by his family members and in the course of treatment, the deceased died and the cause of death of the deceased is on account of poisoning, which is evident from the chemical examination report and opinion of the Doctor to the queries of the IO. Mr. Mishra further submits that since the petitioner is in custody since 06.05.2026 and charge sheet having already been submitted, the bail application of the petitioner may kindly be allowed.

2.1. On the other hand, Mr. P. Satpathy, learned Addl. PP without disputing the facts as narrated by the learned counsel for the petitioner submits that the death of the deceased was on account of poisoning, but since the petitioner had taken away the deceased with him on a motorcycle and subsequently left at some place, he might be the culprit and, therefore, the bail application of the petitioner may kindly be rejected.

3. After having considered the rival submissions upon perusal of record, it appears that the petitioner had taken away the deceased on his motorcycle while being assaulted by co-accused persons, but subsequently the deceased was rescued while sitting on a culvert. The medical documents of the deceased disclose him to have died unnaturally due to poisoning. The petitioner is in custody, but in the meantime, charge sheet has already been submitted. In the aforesaid premises and on consideration of materials placed on record, this Court without expressing any view on merit, admits the petitioner to bail.

4. Hence, the bail application of the Petitioner stands allowed and the Petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five

Thousand) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions, except cash surety as deem fit and proper by it.

5. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.

(G. Satapathy)

Judge

S.Sasmal Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 07-Sep-2026 18:44:09 Signature Not Verified