Banti Kumar Agrawal vs State Of Odisha & Anr. ........ Opposite ...
2026 Latest Caselaw 3449 Ori

Orissa High Court

Banti Kumar Agrawal vs State Of Odisha & Anr. ........ Opposite ... on 15 April, 2026

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                                IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                  CRLMC No. 1134 of 2026
                             Banti Kumar Agrawal                         ........   Petitioner(s)
                                                                        Mr. Subham Agarwal, Adv.

                                                        -Versus-

                             State of Odisha & Anr.                ........ Opposite Party(s)
                                                                        Ms. Gayatri Patra, ASC


                                     CORAM:
                                     DR. JUSTICE SANJEEB K PANIGRAHI
                                                    ORDER

15.04.2026 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 challenging the order dated

20.02.2026 passed by the learned J.M.F.C., Kesinga, in C.T. Case

No.276 of 2017, issuing N.B.W. against him.

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

earlier on bail by this Court vide order dated 30.11.2018 in BLAPL

No.3771 of 2018. He was regularly attending the court on each

date of posting of the case. However, on 20.02.2026, the Petitioner

could not remain present in court as his conducting counsel did

not take any step for his attendance due to communication gap.

Hence, the learned court in seisin over the matter issued N.B.W.

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. shall be issued against him.

5. 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 20.02.2026 passed by the

learned J.M.F.C., Kesinga in the aforesaid case, so far it relates to

issuance of N.B.W. against the Petitioner, is hereby quashed.

6. 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

release him on bail with some stringent conditions so as to enable

him to appear before the court on each date of posting of the case.

In addition, the Petitioner shall deposit a sum of Rs.1000/- as cost

for violating the court's order. The said amount shall be

deposited with the Kesinga, Bar Association Welfare Fund for the

purpose of utilizing the said amount for purchasing books for the

Bar library. The copy of the receipt of the said deposit shall be

presented before the court in seisin over the matter.

7. Accordingly, the CRLMC is disposed of.

( Dr. Sanjeeb K Panigrahi) Judge Murmu