Sudam Behera vs State Of Odisha & Anr. ....... Opposite ...
2026 Latest Caselaw 1109 Ori

Orissa High Court

Sudam Behera vs State Of Odisha & Anr. ....... Opposite ... on 6 February, 2026

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                                IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                   CRLMC No. 423 of 2026
                             Sudam Behera                             ........    Petitioner(s)
                                                                     Mr. Jashobanta Dash, Adv.
                                                        -Versus-
                             State of Odisha & Anr.                     ....... Opposite Party(s)
                                                                         Ms. Gayatri Patra, ASC
                                     CORAM:
                                     DR. JUSTICE SANJEEB K PANIGRAHI
                                                    ORDER

06.02.2026 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

19.12.2025 passed by the learned S.D.J.M., Boudh, in 1 CC No.26

of 2018, issuing N.B.W. against him.

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

on bail by the court below. He was regularly attending the court

on each date of posting of the case. However, on 19.12.2025, 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 S.D.J.M., Boudh issued

N.B.W. against him. He further submits that the Petitioner

Signed by: LITARAM MURMU 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 19.12.2025 passed by the

learned S.D.J.M., Boudh 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/-

(Rupees one thousand only) as cost for violating the court's order.

The said amount shall be deposited with the Bar Association

Welfare Fund, Boudh 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 Signature Murmu Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 06-Feb-2026 18:28:25