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2026 DAILYLAW 24979 (ORI)

HIMANSHU SAHU @ SAHOO v. STATE OF ODISHA

ABLAPL/7465/2026 · 2026-07-07

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.7401 of 2026 Bijaya Kumar Sahoo & Das …. Petitioner Mr. N.K. Lenka Advocate -Versus- State of Odisha …. Opposite Party Ms. Babita Sahu, AGA And ABLAPL No.7465 of 2026 Himanshu Sahu @ Sahoo …. Petitioner Mr. Chiranjib Rout, Advocate -Versus- State of Odisha …. Opposite Party Ms. Babita Sahu, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 07.07.2026 01. 1. Both the ABLAPLs are taken up for orders. 2. Heard learned counsel for the petitioners and learned AGA for the State. 3. Instant petitions under Section 482 BNSS are filed for pre-arrest bail of the petitioners in connection with Rengali Dam Site P.S. Case No. 119 of 2026 corresponding to G.R. Case No. 777 of 2026 pending before the Court of learned J.M.F.C, Talcher on the grounds stated therein. 4. Perused the FIR as at Annexure-1 and it reveals theft of transformer copper binding coil and oil by some miscreants. p. 2 Learned counsels for the petitioners would submit that the main accused, namely, Bubunu Sahoo has been arrested and presently in custody. It is further submitted that the said accused is alleged to have committed the theft and sold it to one Jugal Kishore Sahoo, who is also stated to be in judicial custody. A copy of the forwarding report in respect of Bubun Sahoo and Balia @ Balaram Naik is produced by Mr. Lenka, learned counsel for one of the petitioners and submits that the copper coil was stolen by said Bubunu Sahoo sold to another accused, namely, Jugal Kishore Sahoo and further sold to the petitioner, to whom he represents. Mr. Rout, learned counsel for the other accused submits that there is no material on record to suggest the involvement of the accused with regard to the alleged theft. With such submissions, the release of the petitioners is pleaded. Ms. Sahu, learned AGA for the State seriously objects to the plea of bail of the petitioners in view of the theft in respect of copper coil and transformer oil cost of Rs. 50 lac. Mr. Lenka, learned counsel for the petitioner in ABLAPL No.7401 of 2026 would further submit that there has been no any sale of copper coil to the said accused though it is mentioned in the forwarding report in respect of the main accused and Balia@ Balaram Naik dated 9th June, 2026. On being asked, it is informed to the Court that the petitioners do not have any other antecedent. It is further informed to the Court that the theft articles have been recovered from the main accused, namely, Bubunu Sahoo. Recording the submissions as above and objection of the State and since it is claimed that the petitioners are having no other criminal antecedent though there has been theft of coil and transformer oil from the premises of p. 3 OPTCL, Rengali, this Court is inclined to entertain the bail plea of the petitioners but directs them to surrender before the learned court below for being released only if there is no any criminal cases of similar nature registered against them. 5. Accordingly, it is ordered. 6. In the result, the ABLAPLs stand disposed of. It is directed that in the event, the petitioners surrender before the learned J.M.F.C., Talcher in connection with G.R. Case No. 777 of 2026 respectively within a period of fifteen days from today, they shall be released on bail subject to them furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) each with one solvent surety for the like amount each to the satisfaction of the learned 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 besides the following such as, both shall attend the P.S. and to cooperate the I.O. in the investigation as and when summoned. kabita 7. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge