p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5473 of 2026 1. Akash Badhei 2. Jagannath Nayak 3. Sameer Nayak …. Petitioners Mr. Ajit Kumar Sahoo, Advocate -versus- State of Odisha …. Opposite Party(s) Ms. Suvalaxmi Devi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 20.05.2026 02. 1. Heard. 2. The petitioners are seeking pre-arrest bail in connection with Khurda Sadar P.S. Case No.190 of 2026 corresponding to G.R. Case No.516 of 2026 registered for alleged commission of offences punishable under Sections 296/305(a)/331(4) of the BNS, 2023, pending in the Court of the learned S.D.J.M., Khordha. 3. Learned counsel for the petitioners, on instruction from the petitioners, submits that except the present bail application, no other bail application of the petitioners is pending in any other Court relating to the aforesaid F.I.R. p. 2 4. On 28.04.2026 at about 1.45 P.M., the complainant reported at the P.S. alleging that on 27/28.04.2026 midnight, some unknown persons committed theft in the school premises. Some items such as, CCTV camera, Aquaguard, Wi-Fi devices, music system and other equipment were stolen. Later, she came to know that Santosh Badhei and others have committed theft of the above articles and abused in obscene language to the caretakers family. Hence, the case. 5. Learned counsel for the petitioners submits that the petitioner no.1 has one criminal antecedent of similar nature whereas the petitioner nos.2 and 3 have no criminal antecedents. 6. Regard being had to the nature of allegations against the petitioners and since the petitioner nos.2 and 3 do not have any criminal antecedent, as submitted by learned counsel for the petitioners, I am inclined to grant anticipatory bail to the petitioner no.2- Jagannath Nayak and petitioner no.3- Sameer Nayak. Accordingly, it is directed that in the event the petitioner no.2- Jagannath Nayak and petitioner no.3- Sameer Nayak are arrested, they shall be released by the Arresting Officer subject to p. 3 the verification of similar criminal antecedents, they shall cooperate with the investigation and shall appear before the I.O. as and when their presence is required for the purpose of investigation; they shall not indulge in similar criminal offences while on bail; they shall appear before the trial Court on each and every date of posting of the case, if not presented by sufficient cause. Violation of any of the conditions shall entail cancellation of bail. In so far as the petitioner no.1- Akash Badhei is concerned, liberty is granted to him to surrender before the trial Court and move for regular bail. If such regular bail application is moved by the petitioner no.1, the same shall be considered on its own merit in accordance with law on the same day. 7. In the event, petitioner no.2- Jagannath Nayak and petitioner no.3- Sameer Nayak are found involved in similar case in future, the concession of pre-arrest bail granted by this Court shall be withdrawn. 8. The ABLAPL is accordingly disposed of. (S.S. Mishra) Judge Subhasis Designation: Personal Assistant Location: High Court of Orissa, Cuttack.