Nabin Kumar @ Yadav & Ors. vs State of Orissa

G. Satapathy, J.

Since these five bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.

These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Barbil PS Case No.29 of 2026 corresponding to ST Case No.13 of 2026 (GR Case No.77 of 2026) pending in the file of learned Additional Sessions Judge, Champua, Dist-Keonjhar, for commission of offences punishable U/S.310(2) of BNS r/w Sections 25/27 of Arms Act.

The allegation as emanates from the FIR reveals that on 19.01.2026 at about 2 PM, 5 to 6 unknown persons committed dacoity in Bank of Maharashtra, Barbil Branch by taking away cash of Rs.4,38,700/- and net weight 6.4Kgs of gold, but in the course of investigation, some of the accused persons were identified in the TI parade and taken into custody, however, some of the accused persons were also taken into custody on the basis of other materials like recovery and statement of co-accused persons. These bail applications of the petitioners being rejected by the learned Additional Sessions Judge, Champua, they are before this Court in these bail applications.

Heard, Mr. Arijeet Mishra, learned counsel for the petitioners in BLAPL Nos.4506, 4820, 7320 & 7662 of 2026; Mr. Sandeep Raj Panda, learned counsel for the petitioner-Jitendra Kumar, son of late Bholanath Prasad in BLAPL No.6781 of 2026 and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioners, Mr. Mishra and Mr. Panda volunteer to withhold bail to the petitioners, if he/they is/are found to have any criminal antecedent.

Admittedly, co-accused Raja Kumar Singh @ Raja in BLAPL No.3437 of 2026, Abhiranjan Kumar in BLAPL No.3919 of 2026 and Kunal Raj Verma in BLAPL No.4145 of 2026 have already been granted bail by a co-ordinate Bench of this Court, but all these petitioners except the petitioners Nabin Kumar @ Yadav, Sipu Kumar, Santosh Kumar @ Paswan in BLAPL No.4506 of 2026 have not been identified in the TI parade and some of them have been implicated in this case on the basis of recovery and statement of co-accused persons. It is, however, claimed that none of the petitioners have any criminal antecedent, but the petitioners have already been charge-sheeted. In such view of the matter and taking into account the materials placed on record and regard being had to the identification of the petitioners Nabin Kumar @ Yadav, Sipu Kumar, Santosh Kumar @ Paswan in BLAPL No.4506 of 2026 in TI parade, this Court while not being inclined to grant bail to the petitioners Nabin Kumar @ Yadav, Sipu Kumar, Santosh Kumar @ Paswan in BLAPL No.4506 of 2026, considers it proper to admit rest of the petitioners to bail.

Hence, the prayer for bail of the Nabin Kumar @ Yadav, Sipu Kumar, Santosh Kumar @ Paswan in BLAPL No.4506 of 2026 stands rejected, whereas the prayer for bail of the petitioners Jitendra Kumar (In BLAPL No.4820 of 2026), Jitendra Kumar (In BLAPL No.6781 of 2026), Akhilesh Prasad Singh (In BLAPL No.7320 of 2026) and Raushan Kumar @ Laddu (In BLAPL No.7662 of 2026) stand allowed and each of these petitioners is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following condition:-

In view of the specific submission as advanced for the petitioners, the benefit of this order shall not be extended to the concerned petitioner(s), if he/they is/are found to have any criminal antecedent.

Accordingly, these BLAPLs stand disposed of. 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.