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Prasanta Kumar Behera vs State Of Odisha

Orissa High Court · Decided on 6 October 2025 · Citation: (2025) 10 OHC CK 1438

HON’BLE JUDGES
Dr. Sanjeeb K Panigrahi, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 294, 302, 307, 324, 506 · Arms Act, 1959 — Section 25(1B)(a), 27
CASE NUMBER
BLAPL No.7152 Of 2025
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Judgment

22 paragraphs · 419 words

Dr.Sanjeeb K Panigrahi, J

F.I.R No.

Dated

Police Station

Case No. and Courts’ Name

Sections

407

13.07.2023

Polasara

S.T Case No.194 of 2023 pending in the Court of learned Additional Sessions Judge, Kodala

U/S. 302/307/506/ 324/294 of the IPC read with Section 25(1-B)(a)/27 of the Arms Act

1.

This matter is taken up through hybrid arrangement.

2.

The Petitioner, who is in custody in connection with Polasara P.S. Case No.407 of 2023 corresponding to S.T Case No.194# of 2023, pending in the Court of learned Additional Sessions Judge, Kodala and registered for the alleged commission of offences under Section 302/307/506/324/294 of the IPC read with Section 25(1-B)(a)/27 of the Arms Act, has filed this petition seeking release on interim bail.

3.

Learned counsel for the Petitioner submits that the father of the Petitioner, namely, Udayanath Behera having died on 02.10.2025, his presence at home during this period is necessary to take part in the obsequies. He further submits that this Petitioner being a responsible male member of the family, in his absence, the other members of the family are facing a lot of difficulties in making the arrangements for the ceremony. He, therefore, prays for grant of interim bail to the Petitioner. In support of the same, he files the death certificate.

4.

Learned counsel for the State as well as the learned counsel for the Informant vehemently opposes the prayer for bail.

5.

Considering the submissions made and keeping in view the surrounding circumstances especially the long period of detention of the Petitioner in custody and his sufferings as well as the sufferings of his family members, this Court, for the present, is inclined to dispose of this application by granting interim bail to the Petitioner for a period of one month with effect from the date of his actual release from custody on such terms and conditions as the learned Court in seisin over the case deems just and proper. The Petitioner shall surrender before the Court in seisin over the case after expiry of the period of interim bail without fail with further condition that:-

i. the Petitioner shall not indulge himself in any criminal offence while on interim bail;

ii. the petitioner shall not terrorize/threaten the prosecution witnesses in any manner;

iii. the petitioner shall appear before the local Police Station on every Monday between 10 A.M. to 2.00 P.M. during the period of interim bail;

6.

The I.A is, accordingly, disposed of.

BLAPL No.7152 of 2025

7.

List this matter on 22nd December, 2025.