A single-judge bench of Justice Indrajit Mahanty ordered the Cuttack rural police to immediately release the 35-year- old Bijay Guin alias Bula who had been taken into custody in August this year for sharing the same name and surname of an accused against whom an NBW was issued.
Bula of Niali village was taken into custody by the police on August 28 in the wake of an execution of an NBW issued by the local court.
Subsequently, it was found that the NBW was issued against another Bijay Guin alias Babula of the same village against whom cases were pending for years.
Babula is absconding from the village since 1997 after he secured a bail from the same lower court following his arrest in a theft case.
When police refused to buy the argument that they have actually arrested the wrong person, the family members of Bula approached the Odisha High Court in a writ petition.
The court adjudicated over the matter and asked the police to immediately release Bula after quashing the NBW issued against him by the lower court.