JUDGMENT : J.P. Das, J. - Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is an accused in G.R. Case No. 126 of 2016 on the file of learned J.M.F.C., Odagaon corresponding to S.T. Case No. 01 of 2017 on the file of learned Sessions Judge, Nayagarh registered under Sections 302/323/324/325/326/307/34, IPC and subsequently charge sheeted under Sections 302/323/307/34, IPC. 3. It is alleged that there was dispute relating to some construction work between two neighbours and on the alleged date of ocurrence when one of the neighbours started making some construction it was opposed by the other group and in course of such occurrence both the groups assaulted each other by means of different weapon of offences. Persons of both the groups sustained injuries and one Bhagaban Barik subsequently succumbed to the injuries while being treated at the Hospital 4. It is submitted by learned counsel for the petitioner that admittedly there was earlier dispute between the parties and for the same occurrence a counter case was also registered with the allegation of serious offences. It is further submitted that the petitioner in this case had also sustained injuries and was treated at the Hospital. 5. Learned counsel for the State submits that the son and wife of the deceased who were the eye-witnesses to the occurrence have stated that the family members of the opposite group forcibly dragged the victim from inside the house and assaulted him causing grievous injuries. In this respect it is submitted by learned counsel for the petitioner placing the statement of some eye-witnesses that the independent eye-witness have categorically stated that one Khulana assaulted the victim by means of an axe giving repeated blows Of course they have stated that other accused persons also assaulted and there was counter assault between the groups. As per the post-mortem report, the victim sustained three chopped wounds possibly caused by sharp cutting weapon and those injuries were the cause of death being homicidal in nature. Charge-sheet in this case has already been submitted and the petitioner is in custody since 24.05.2016. 6. As per the post-mortem report, the victim sustained three chopped wounds possibly caused by sharp cutting weapon and those injuries were the cause of death being homicidal in nature. Charge-sheet in this case has already been submitted and the petitioner is in custody since 24.05.2016. 6. Considering the submissions and the materials placed before the Court it is directed that let the petitioner be released on bail by the learned Sessions Judge Nayagarh in S.T. Case No. 01 of 2017 on such terms and conditions as would be deemed just and proper by the said Court. 7. The BIAPL is accordingly disposed of. Final Result : Disposed Of