Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL Nos.377, 378, 379, 380 & 381 of 2026
Durga Prasad Mishra
…. Petitioner Mr. P.K. Muduli, Advocate
-Versus-
State of Odisha …. Opposite Party
Ms. B.K. Sahu, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 20.01.2026
01.
1. All the ABLAPLs are disposed of by the following common order.
2. Heard Mr. Muduli, learned counsel for the petitioner and Ms. Sahu, learned ASC for the State.
3. Instant petitions under Section 482 BNSS are filed for pre-arrest bail of the petitioner in connection with Bonai P.S. Case Nos.253, 254, 255, 257 & 256 of 2025 corresponding to G.R. Case Nos.1023, 1024, 1025, 1027 & 1026 of 2025 respectively pending in the file of learned S.D.J.M., Bonai on the grounds stated therein.
4. Gone through the FIRs at Annexure-1.
5. It is submitted by Mr. Muduli, learned counsel for the petitioner that the present accused has been implicated in all the
cases with the allegation that there has been illicit excavation and transportation of sand from a river bed. The further submission is that the petitioner is a lessee in respect of the Sairat and had no knowledge or any kind of connivance with the drivers of the vehicles involved. It is submitted that the petitioner had earlier approached this Court in ABLAPL No.14353 of 2025 disposed of on 22nd December, 2025 allowing him to surrender before the learned court below for being released on bail subject to absence of criminal antecedents of similar nature. The claim is that after the above
order, the petitioner could not comply with the direction therein, as he made an effort to surrender on 5th January, 2026 but made to know about the other criminal cases registered against him.
6. Recorded the objection of the State.
7. From Annexure-2 series, it is made to reveal that the petitioner is the lessee in respect of the Sairat with the order of the Deputy Director of Mines, Rourkela Circle, Rourkela. The allegation is that the illicit transportation of sand is in connivance with the drivers of the vehicles and hence, the petitioner is implicated. Having regard to the above facts and the order in ABLAPL No.14353 of 2025 and though there has been other criminal cases registered with the FIRs lodged on 23rd November, 2025, this Court is of the view that the petitioner is though not entitled to pre-arrest bail, however, he should be directed to surrender before the learned court below for being released with suitable conditions imposed.
8. Accordingly, it is ordered.
9. In the result, ABLAPLs stand disposed of with the direction as aforesaid. It is further directed that in the event, the petitioner surrenders before the court of learned S.D.J.M., Bonai within a fortnight from today, he shall be released on bail in connection with Bonai P.S. Case Nos.253, 254, 255, 257 & 256 of 2025 corresponding to G.R. Case Nos.1023, 1024, 1025, 1027 & 1026 of 2025 respectively subject to him furnishing a bail bond of Rs.40,000/- (Rupees thirty thousand) with one solvent surety for the like amount in each of the cases 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, he shall attend the P.S. and report the I.O. once in a fortnight in connection with investigation and to continue do so, till the same is over and to furnish an undertaking to ensure that the vehicles are not similarly misused in future.
10. Issue urgent certified copy as per rules.
(R.K. Pattanaik) Judge Alok