Pabitra Mohan Patta @ Patra vs State Of Odisha

B.P.Routray, J

Heard learned counsel for the petitioner as well as learned  Counsel  for  the  State  through  Video Conferencing.

This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner in connection with C.T.Case 477 of 2020(S.T.Case No. 40 of 2020)

arising out of Deogarh P.S. Case No. 219 of 2020 pending in the court of learned District & Sessions Judge, Deogarh for alleged offences under

Section 304-A/286/34 of I.P.C. and Section 3 & 5 of Explosive Substance Act.

It is submitted on behalf of the petitioner that at the time of preparing the bomb, the deceased persons were killed by explosion and the petitioner has

been implicated only on the basis that the deceased persons were preparing bombs in the cow shed of the petitioner.

It is further submitted that admittedly as per prosecution case the petitioner was not present in his house or the spot at the time of explosion, but he

was plouging his field.  It is also submitted that there is no material brought in course of investigation to reveal that the petitioner had procured

any explosive substance.

After hearing the learned counsel for the State and considering the statement of the witnesses as well as the materials brought in course of

investigation, it is directed to release the petitioner on bail in the aforesaid case on such terms and conditions to be fixed by the learned court below in

seisin over the matter including the condition that the petitioner shall not dissuade any witness directly or indirectly by way of inducement, threat or

promise acquainted with the facts of the case from disclosing such facts before the Court or tamper with the evidence.

The BLAPL is accordingly disposed of.

Copy of this order be uploaded in the High Court’s official website as per Court’s Notice No. 4798, dated 15th April, 2021.

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