[Cites 0, Cited by 0]
Orissa High Court
Kshetra Bariha vs State Of Orissa ... Opposite Party on 8 April, 2026
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.12061 of 2025
Kshetra Bariha ... Petitioner
Mr. T.P. Mohapatra, Advocate
-versus-
State of Orissa ... Opposite Party
Mr. T.K. Acharya, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 08.04.2026
06. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This is a bail application U/S.483 of BNSS by
the petitioner for grant of bail in connection with
Khaprakhol PS Case No.174 of 2024 corresponding to
GR Case No.905 of 2024 pending in the file of learned
Addl. Sessions Judge, Patnagarh for commission of
offences punishable U/Ss.115(2)/117(2)/109(1)/103(1)
of BNS, on the main allegation of committing matricide
and assaulting his father causing grievous injury to
him.
3. In the course of hearing, Mr. Tara Prasad
Mohapatra, learned counsel for the Petitioner submits
that in the meantime, all the material witnesses have
been examined, but none of them have supported the
prosecution allegation against the Petitioner and,
therefore, the Petitioner may kindly be granted bail.
3.1. On the other hand, Mr. T.K. Acharya, learned
Addl. PP by submitting inter alia that although some
witnesses have not supported the prosecution
allegation against the Petitioner, but all the material
witnesses to disclosure statement are yet to be
examined and, therefore, release of the Petitioner on
bail would encourage him to influence the witnesses.
Accordingly, Mr. Acharya prays to reject the bail
application of the Petitioner.
4. After having considered the rival submissions
upon perusal of record, there appears allegation against
the Petitioner for committing murder of his mother and
assaulting his father causing grievous injury to him, but
as it appears that some of the witnesses have not
supported the prosecution allegation against the
Petitioner, however, all the material witnesses to
disclosure statement of the Petitioner have not yet
been examined. The allegation against the Petitioner is
not only serious, but also diabolical and this Court in
the aforesaid circumstance of some witnesses not
supporting the prosecution case entertains a reasonable
apprehension that release of the Petitioner would
encourage him to interfere or influence the other
prosecution witnesses likely to be examined. In view of
the aforesaid facts and circumstance and taking into
account the nature and gravity of the offence as alleged
against the petitioner vis-a-vis the accusations sought
to be brought against him and regard being had to the
materials placed on record and trial having already
commenced and taking into account the law laid down
by the Apex Court in X Vrs. State of Rajasthan;
(2024) SCC OnLine SC 3539, this Court is not
inclined to grant bail to the Petitioner.
5. Hence, the bail application of the petitioner
stands rejected. Accordingly, the BLAPL stands
disposed of. A soft copy of this order be immediately
transmitted to the learned trial Court.
(G. Satapathy)
Judge
Priyajit
Location: HIGH COURT OF ORISSA
