Kailash Behera vs State Of Odisha ....... Opposite Party ...
2026 Latest Caselaw 3116 Ori

Orissa High Court

Kailash Behera vs State Of Odisha ....... Opposite Party ... on 6 April, 2026

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 CRLMC No.1013 of 2026
                 Kailash Behera        .........                 Petitioner(s)
                                                Mr. Santosh Kumar Mahanty,
                                                                Advocate
                                       -Versus-
                 State of Odisha        .......               Opposite Party (s)
                                                  Mr. Raj Bhusan Dash, ASC

                             CORAM:
                             DR. JUSTICE SANJEEB K PANIGRAHI
                                       ORDER

06.04.2026 Order No.

01.

1. This matter is taken up through hybrid arrangement.

2. Heard learned counsel for the Petitioner and learned counsel for

the State.

3. The petitioner has filed this CRLMC assailing the order dated

21.12.2022 passed by the learned JMFC, Kodala in connection with

G.R Case No.182/14, arising out of Kodala P.S. Case No.99 of 2014

issuing N.B.W(A) against him.

4. Learned counsel for the Petitioner submits that the petitioner was

earlier on bail vide order dated 31.01.2015 by the court below. He

was regularly attending the court on each date of posting of the case.

However, on 21.12.2022, the petitioner could not remain present in

court Signature Not as his conducting counsel did not take any step for his Verified Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 06-Apr-2026 17:49:03

attendance due to communication gap. Hence, the learned JMFC,

Kodala, issued N.B.W (A) against him. He further submits that the

Petitioner undertakes that he will cooperate till the end of the trial

and appear before the court on each date of posting without fail,

failing which, fresh N.B.W (A) shall be issued against him.

5. Learned counsel for the State strongly object the release of the

Petitioner on bail.

6. In view of such facts and submissions made by the learned

counsel for the Petitioner, this Court is inclined to allow the CRLMC.

Accordingly, the order dated 21.12.2022 passed by the learned JMFC,

Kodala in the aforesaid case, so far it relates to issuance of N.B.W(A)

against the petitioner, is hereby quashed.

7. The Petitioner is directed to surrender before the court in seisin

over the matter in the aforesaid case and move for bail within a

period of fifteen days hence. On such event, the said court shall

consider the move of the petitioner to release him on bail on its own

merit.

8. Accordingly, the CRLMC is disposed of.

( Dr. Sanjeeb K Panigrahi) Judge

Gitanjali