p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.661 of 2026 Dibyahuti Ray …. Petitioner Mr. B.K. Behera 1, Advocate -Versus- State of Odisha (Vigilance) …. Opposite Party Mr. M.S. Rizvi, ASC (Vigilance) ABLAPL No.981 of 2026 Biraja Shankar Nayak …. Petitioner Mr. B.K. Behera 1, Advocate -Versus- State of Odisha (Vigilance) …. Opposite Party Mr. M.S. Rizvi, ASC (Vigilance) And ABLAPL No.1279 of 2026 Sushanta Kumar Panda …. Petitioner Mr. B.K. Behera 1, Advocate -Versus- State of Odisha (Vigilance) …. Opposite Party Mr. M.S. Rizvi, ASC (Vigilance) CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 03.02.2026 01. 1. All the ABLAPLs are disposed of by the following common order. 2. Heard learned counsels for the petitioners and State. p. 2 3. Instant petitions have been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Cuttack Vigilance P.S. Case No.40 of 2025 corresponding to V.G.R. Case No.01 of 2026 pending in the court of learned Special Judge, Vigilance, Cuttack on the grounds stated. 4. Perused the FIR as at Annexure-1. It is submitted to the Court by learned counsel for the petitioners that two of the principal accused persons are already on bail after being arrested. A copy of the order dated 9th January, 2026 in VGR No.01 of 2026 of the court of learned Special Judge, Vigilance, Cuttack is produced in support of the above claim. Learned counsel for the Vigilance Department admits such release of the principal accused in the meantime. The instructions received from the IO with a letter dated 17th January, 2026 addressed to the learned counsel for the Vigilance Department is produced for the Court’s perusal and it reveals that the entire allegation is based on documentary evidence, inasmuch as, in course of enquiry, all the records have been verified and the transactions are found to have taken place through bank account. The co-accused persons in ABLAPL Nos.981 and 1912 of 2026 plead for bail since his name has not mentioned in the FIR. Considering the instructions received and shared by learned counsel for the Vigilance Department and submission of learned counsel for the petitioner and the fact that there has been temporary misappropriation with re-deposit of the amount having taken place thereafter, this Court, considering the same and release of the principal accused persons, namely, Adwaita Prasad Mallick and Badri Narayan Ray by the learned Special p. 3 Judge, Vigilance, Cuttack, is of the view that petitioners should be directed to surrender before the court concerned and released on bail with suitable conditions. 5. Accordingly, it is ordered. 6. In the result, the ABLAPLs are disposed of with the direction as aforesaid. It is directed that in the event, the petitioners surrender before learned Special Judge, Vigilance, Cuttack in connection with Cuttack Vigilance P.S. Case No.40 of 2025 corresponding to V.G.R. Case No.01 of 2026 within three weeks from today, they shall be released on bail upon furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) each with one solvent surety for the like amount each with such other conditions besides the following, such as, they shall co- operate the IO in the investigation and to continue to do so, till the same is concluded. 7. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU