Orissa High Court
CRLMC/2802/2026 of HADU BAG Vs STATE OF ODISHA on 17 August 2026
of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2802 of 2026 CNR No. ODHC010615762026 Hadu Bag ..... Petitioner Represented by Adv. - Prasanta Kumar Routray -versus- State Of Odisha ..... Opp. Party Represented by Adv. – P.K. Mohanty, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA
Page 1 of 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2802 of 2026
CNR No. ODHC010615762026
Hadu Bag
.....
Petitioner
Represented by Adv. -
Prasanta Kumar
Routray
-versus-
State Of Odisha
.....
Opp. Party
Represented by Adv. –
P.K. Mohanty, A.S.C.
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
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ORDER
17.08.2026 Order No.
01.
1. This matter is taken up through Hybrid Mode.
2. Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State- Opposite Party. Perused the materials placed before this Court.
3. By filing the present application under Section 528 of the BNSS, the accused in G.R Case No.103 of 2025 pending in the file of learned JMFC, Binika has approached this Court thereby challenging order dated 25.02.2026 passed by the learned Magistrate in the abovenoted case.
4. Learned counsel for the Petitioner, at the outset, contended that initially the Petitioner was released on bail vide order dated 05.12.2025. At the time of his release on bail, the bail bond was accepted provisionally with a further direction to the accused to
Page 2 of 2. furnish a local solvent bailer within seven days. It appears from order dated 25.02.2026 that the Petitioner was unable to produce a solvent bailer as per the direction of the learned Magistrate dated 25.02.2026. In the meantime, 2 and ½ months have elapsed. No steps were taken on behalf of the accused person to produce a solvent bailer as was directed earlier by the learned Magistrate. Accordingly, the learned Magistrate shall issue NBW vide order dated 25.02.2026.
5. On a careful examination of the order dated 25.02.2026, this Court is of the view that the learned Magistrate has not committed any illegality in issuing NBW against the Petitioner. However, taking into consideration the submission made by the learned counsel for the Petitioner, this Court is inclined to grant another opportunity to the Petitioner. Accordingly, the order dated 25.02.2026 shall be kept in abeyance for a period of four weeks. In the meantime, the Petitioner shall produce a solvent bailer as has been directed by the learned Magistrate vide his order dated 05.12.2025. In the event, the Petitioner produces a solvent bailer as has been undertaken, the learned Magistrate shall take steps to recall order dated 25.02.2026, failing which, he shall proceed with execution of order dated 25.02.2026.
6. With the aforesaid observations/ directions, the CRLMC application stands disposed of.
( A.K. Mohapatra )
Judge
Anil
Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 18-Aug-2026 19:35:41 Signature Not Verified