p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5158 of 2026 Bhaktaraj Mallick …. Petitioner Mr. Biswajit Pasayat, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 14.05.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Bentkar(42 Mouza), Cuttack P.S. Case No.37 of 2026 corresponding to G.R. Case No.143 of 2026 pending in the file of learned J.M.F.C.-IV, Cuttack on the grounds stated therein. 3. Perused the FIR as at Annexure-1. It is submitted to the Court by learned counsel for the petitioner that the name of the present accused does not find a place therein but one Deepak Bhoi and others with the allegation that all of them created a nuisance at a temple and committed the overt acts. Since the petitioner is not involved, the further submission is that he should be granted bail having no other previous antecedent but the same is opposed by Mr. Panda, learned ASC for the State. Gone through the F.I.R. and the allegations contained therein. It is made to understand from the F.I.R. that the accused persons named destroyed one vehicle, attempted to commit theft of a p. 2 vehicle’s battery and such other mischief and even pelted stones at the temple but having regard to the fact that the name of the petitioner is not mentioned in the F.I.R. but apprehends arrest in the hands of a local police for being searched, recording the objection of the State, this Court is inclined to direct him to surrender before the learned court below for being released though it is not a case of anticipatory bail. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL petition stands disposed of with a direction to the petitioner to surrender before learned J.M.F.C.-IV, Cuttack within a fortnight from today and in the event, he surrenders in compliance thereof, shall be released on bail in connection with G.R. Case No.143 of 2026 arising out of Bentkar(42 Mouza),Cuttack P.S. Case No.37 of 2026 on furnishing a bail bond of Rs.20,000/- (rupees twenty thousand) with one solvent surety for the like amount to the satisfaction of the court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case. It is directed that the above order shall not be given effect to if in case the petitioner is found to have criminal antecedent. 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge kabita