CUTTACK: Expressing serious displeasure over lapses by the police, the Orissa High Court on Monday granted bail to former Berhampur MLA Bikram Panda, who was arrested in connection with the murder of senior advocate and BJP member Pitabasa Panda on October 6 last year, on technical grounds.
The single judge bench of Justice Aditya Kumar Mohapatra, while granting relief to the ex-MLA, cited that police had failed to follow mandatory arrest procedures. The arresting officer had not informed the grounds of arrest when taking Panda into custody, Justice Mohapatra observed.
“This court has no hesitation to hold that the arresting officer has not followed the mandatory provisions contained in Section 47 and 48 of the BNSS, 2023 and, as such, the fundamental right of the accused-petitioner under Article 22(1) has been infringed,” he stated.
Justice Mohapatra observed that despite Supreme Court rulings, police authorities were still failing to adhere to mandatory arrest requirements. He directed that Panda be released immediately. However, it would not affect the merits of the charge sheet or the pending trial, he clarified.
The Judge directed the high court registry to send the judgment to the additional chief secretary, Home department, and DGP for circulation of the Supreme Court’s arrest guidelines to all police stations and other authorities empowered to make arrests, with instructions to follow such directives strictly.
Panda was arrested on November 6 last year in the murder case. He had filed his bail petition in the High Court on December 23, 2025. The judgment on his plea was reserved on July 31 this year.
Justice Mohapatra directed Panda to furnish a bail bond under Section 91 of the BNSS to the satisfaction of the trial court. His release will also be subject to conditions, including that he must not harass, threaten, terrorise or influence the victim’s family, informant or prosecution witnesses.