Padartha Kudei v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.1989 of 2022 Padartha Kudei & others ....

Petitioners Mr. Trilochan Nanda, Advocate -versusState of Odisha ....

Opposite Party Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

04.8.2022.

Order No.

04.

1. This matter is taken up through virtual mode.

2. Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State.

3. The Petitioners are in custody since 16th September, 2021 in connection with Tusura P.S. Case No.132/2021 corresponding to G.R. Case No.1225/2021 pending in the court of learned S.D.J.M., Bolangir for the alleged commission of the offence under Section 302/34 of I.P.C.

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4. It is alleged that the Petitioners brutally assaulted the deceased by giving fist blows and also by means of a stick due to which he died. There are adequate materials to show the complicity of the Petitionesr in the occurrence in the form of statement of eye witness namely, Birendra Bhoi.

5. Having regard to the severity of the allegations and the existence of materials prima facie in support thereof, I am not inclined to allow the prayer for bail at this stage, which is therefore, rejected.

6. However, it is open to the Petitioners to renew their prayer after examination of Birendra Bhoi.

7. The BLAPL is disposed of.

(Sashikanta Mishra) AKB Judge