IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1098 of 2026 Rakesh Mahuri …. Petitioner Mr. P.C. Jena, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 23.04.2026 03. 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 Basta P.S. Case No.359 of 2025 corresponding to C.T. Case No.789 of 2025 pending in the file of learned J.M.F.C., Basta on the grounds stated therein. 3. Perused the FIR as at Annexure-1. 4. With reference to the FIR i.e. Annexure-1, Mr. Jena, learned counsel for the petitioner submits that the petitioner’s involvement is not made out as has not been named in the FIR nor any amount was received by him, hence, therefore, he should be allowed to go on bail and all the more when, his involvement is alleged on the strength of confessional statement of co-accused, namely, Mithun @ Mayadhar, who has been arrested and released in the meantime. Learned counsel for the State, on the other hand, submits that the involvement of the petitioner is alleged with reference to co- accused above named. 5. From the record and also FIR, this Court finds that the nature of mischief committed by the accused persons about some payments having been received by the accused persons from the informant. It is alleged that an amount of Rs.10.00 lac was taken away from the informant. But on a reading of the statement of the co-accused recorded under Section 180 BNSS, it is made to suggest that he has not named the petitioner anywhere alleging his involvement and receiving a part of crime proceed. Perused the statements of the witnesses recorded during the investigation. It is claimed by Mr. Jena, learned counsel that the petitioner is having no antecedent and nothing is revealed from the case diary and other documents showing the previous antecedent of the petitioner. Considering the materials on record and the submissions of learned counsel for the respective parties and since implication of the petitioner is alleged on the basis of a disclosure made by the co-accused above named, this Court though not in favour of considering his pre-arrest bail plea but is inclined to direct him to surrender before the learned court below for being released with conditions pending investigation. 6. Accordingly, it is ordered. 7. In the result, the ABLAPL is disposed of. It is directed that in the event, the petitioner surrenders within a fortnight from today before the learned J.M.F.C., Basta in connection with Basta P.S. Case No.359 of 2025 corresponding to C.T. Case No.789 of 2025, he shall be released on bail subject to him on furnishing a bail bond of Rs.50,000/- (Rupees fifty thousand) with one solvent surety for the like amount 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 co-operate the I.O. in the investigation stated to be pending and at the same, not to influence any of the material witnesses connected to the case in any manner whatsoever while on bail. 8. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok