p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5271 of 2026 Chinmaya Kumar Mishra …. Petitioner Mr. A. Mohanty, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.K. Brahma, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 20.05.2026 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 Chandaka P.S. Case No. 122(2) of 2009 arising out of 1.C.C. Case No.5181 of 2008 corresponding to G.R. Case No. 639 of 2009 pending in the file of learned J.M.F.C.(O), Bhubaneswar on the grounds stated therein. 3. Perused the FIR as at Annexure-1. Recorded the submissions of learned counsel for the respective parties. Initially a complaint was filed in 1.C.C. Case No.5181 of 2008 subsequently registered as G.R. Case No.639 of 2009 presently pending before the learned court below. It is submitted by Mr. Mohanty, learned counsel for the petitioner that the petitioner happens to be the purchaser from the co-accused persons, whereas, the FIR is lodged by the Power of Attorney holder, namely, informant. It is submitted that filing of the complaint was not within the knowledge of the petitioner and in the meantime, learned court below has issued a non-bailable warrant of arrest pending execution against him. Recorded the p. 2 objection of the State. Considering the allegation in the complaint treated later as an FIR about the alleged transaction between the parties and subsequent sale of the land in question in favour of the petitioner and in the meantime, with the closure of investigation, the chargesheet was filed in 2009 itself and the fact that the accused persons, namely, Fakir Nayak and Manamohan Nayak, who sold the land in question are on bail by the order of the learned court below since 2017, copies of which produced at the time of hearing, this Court is inclined to direct him to surrender before the court below in connection with G.R. Case No.639 of 2009 for being released with suitable conditions imposed instead of entertaining his bail plea. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL petition stands disposed of with a direction as aforesaid. In the event, the petitioner surrenders before the court of learned J.M.F.C.(O), Bhubaneswar within a period of three weeks from today in connection with G.R. Case No. 639 of 2009 arising out of Chandaka P.S. Case No. 122(2) of 2009, it is directed that he shall be released on bail on furnishing a bail bond of Rs.20,000/- (rupees twenty thousand) with one solvent surety for the like amount with such other suitable conditions imposed as deemed proper in the facts and circumstances of the case. 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT