BAYA @ BAYADHAR BHUYAN vs STATE OF ODISHA

THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL Nos.5931 & 1138 of 2026
CNR Nos. ODHC010422482026 & ODHC010045332026

(In the matter of applications under Section 483 of the BNSS,
2023 ).



Papun Bhuyan
(In BLAPL No. 5931 of 2026)
Baya @ Bayadhar Bhuyan
(In BLAPL No. 1138 of 2026)
… Petitioners
-versus-
State of Odisha Opposite Party
…

For Petitioners : Mr. S. Das, Sr. Advocate
along with Mr. M. Faradish,
Advocate
(In BLAPL No. 5931 of 2026)
Mr. S.K. Lenka, Advocate
(In BLAPL No. 1138 of 2026)

For Opposite Party : Mr. T.K. Acharya, Addl. PP


CORAM: JUSTICE G. SATAPATHY




DATE OF HEARING & DATE OF JUDGMENT: 07.09.2026 (ORAL)

G. Satapathy, J.

1. These are bail applications U/S.483 of BNSS
by the petitioners for grant of bail in connection with
Sheragada P.S. Case No. 545 of 2023 corresponding to
S.T. Case No. 35 of 2024 pending in the file of learned
Addl. Sessions Judge, Aska, Ganjam, for commission of
offence punishable U/S. 302/201/34 of IPC, on the main
BLAPL No. 5931 & 1138 of 2026
Page 1 of 4

allegation of committing murder of the deceased
Mangala Gouda @ Bhuyan by assaulting him with sharp
cutting weapon.
2. In the course of hearing, Mr. Shaktidhar
Das, learned Senior Counsel, who is being assisted by
Mr. M. Faradish, learned counsel appearing virtually for
the petitioner in BLAPL No. 5931 of 2026 submits that
the petitioner is in custody, but the co-accused-father
namely Surendra Bhuyan has already been granted bail,
but there appears omnibus allegation against the
petitioner and thereby, the petitioner- Papun Bhuyan
may kindly be granted bail.
2.1. On the other hand, Mr. Sapan Kumar Lenka,
learned counsel for the petitioner in BLAPL No. 1138 of
2026 submits that the allegation against the petitioner is
omnibus in nature, but he is in custody since long and
thereby, the petitioner- Baya @ Bayadhar Bhuyan may
kindly be granted bail.
2.3. Mr. T.K. Acharya, learned Addl. PP submits
that not only there appears allegation against the
BLAPL No. 5931 & 1138 of 2026
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petitioners for assaulting the deceased with sharp
cutting weapon, but also his PM report reveals chopped
and incised wound on his person and most of the
witnesses have stated against these petitioners for
assaulting the deceased, but the co-accused-father, who
was granted bail, stands on different footing, since he
had not participated in the assault and thereby, the
present petitioners being not similarly situated with the
co-accused released on bail, their bail applications may
kindly be rejected.
3. After having considered the rival
submissions upon perusal of record, not only there
appears allegation against the petitioners for committing
murder of the deceased by assaulting him with sharp
cutting weapon, but also the PM report of the deceased
discloses incised and chopped wounds on his person.
Right now, 17 witnesses have already been examined
and the trial is likely to be concluded soon, since there
are only 24 charge sheeted witnesses. Besides, co-
accused Surendra Bhuyan released on bail stands on a
BLAPL No. 5931 & 1138 of 2026
Page 3 of 4

different footing inasmuch as he was allegedly
instigating the co-accused to assault the deceased, but
the main allegation of assaulting the deceased is
directed against these two petitioners. In the aforesaid
premises and on consideration of materials placed on
record keeping in view examination of 17 out of 24
charge sheeted witnesses in the meantime and trial
being likely to be concluded in near future, this Court is
not inclined to grant bail to either of the petitioners.
4. Hence, both these bail applications of the
petitioners-Papun Bhuyan (BLAPL No.5931 of 2026) and
Baya @ Bayadhar Bhuyan (BLAPL No. 1138 of 2026)
stand rejected. Accordingly, these BLAPLs stand
disposed of. Issue urgent certified copy of the order as
per Rules. A soft copy of this judgment be immediately
forwarded to the court in seisin over the matter for
reference.
(G. Satapathy)
Judge


Orissa High Court, Cuttack,
th
Dated the 7 day of September, 2026/S.Sasmal
Signature Not Verified
BLAPL No. 5931 & 1138 of 2026
Page 4 of 4

Digitally Signed
Signed by: SUBHASMITA SASMAL
Designation: Sr. Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 07-Sep-2026 18:44:10