High CourtsSingle Bench(2026) 08 OHC CK 1241

Babula Behera @ Babu vs State of Odisha

Orissa High Court, Cuttack Bench · Decided on 6 August 2026

HON’BLE JUDGES
G. Satapathy, J.
RESULT
Rejected
CASE NUMBER
BLAPL Nos.5882 & 5883 of 2026 (CNR Nos.ODHC010415092026 & ODHC010415172026)

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Judgment

6 paragraphs · 338 words

G. Satapathy, J.

1.

Since these two 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.

2.

These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Banki PS Case No.151 of 2025 corresponding to ST Case No.239 of 2025 (GR Case No.209 of 2025) pending in the file of learned 1st Additional Sessions Judge, Cuttack, for commission of offences punishable U/Ss.126(2)/115(2)/118(1)/ 117(2)/109(1)/351(2)/3(5)/103(1) of BNS, on the main allegation of committing murder of the deceased Sarat Behera and injuring the informant Santosh Behera by assaulting them indiscriminately using iron rods and lathis, along with co-accused persons in furtherance of their common intention.

3.

Heard, Mr. Rakesh Kumar Routray, learned counsel for the petitioners and Mr. M.R. Patra, learned Addl. Public Prosecutor in the matter and perused the record.

4.

After having considered the rival submissions and taking into account the nature and gravity of the offence as alleged against the petitioners vis-à-vis the accusations sought to be brought against them and regard being had to the materials collected in support of the allegation against the petitioners and there being eye witness account to the occurrence and taking into account the other circumstances on record in entirety including the mode and manner of committing the crime and the circumstance under which the deceased and the injured were assaulted and the bail application of the petitioners being rejected just few months before on 29.01.2026 with no real change in circumstance to consider these bail applications afresh, this Court is not inclined to grant bail to any of the petitioners.

5.

Hence, these two bail applications of the petitioners namely Babula Behera @ Babu (In BLAPL No.5882 of 2026) and Bipini Behera (In BLAPL No.5883 of 2026) stand rejected. Accordingly, these BLAPLs stand disposed of. A copy of this order be immediately transmitted to the learned trial Court for reference.