p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1344 of 2026 Saira Banu & another …. Petitioners Mr. K. Mohanty, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.N. Das, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 10.03.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Cuttack Sadar P.S. Case No.41 of 2026 corresponding to G.R. Case No.68 of 2026 pending in the court of learned J.M.F.C. (Rural), Cuttack on the grounds stated. 3. Since it is informed to the Court that notice under Section 35(3) BNSS has been served on petitioner No.2 and there remains no apprehension of his arrest, the ABLAPL is disposed of as against him as being infructuous. 4. In so far as petitioner No.1 is concerned, it is submitted to the Court that he the owner of the alleged vehicle which was found involved in the illicit transportation of stone from the p. 2 quarry. Learned counsel for the petitioner submits that petitioner No.1 does not have any similar antecedent. Recorded the objection of the State. Since the petitioner happens to be the owner of the alleged vehicle seized in connection with the case, whereas, the driver, namely, petitioner No.2 has been summoned by the local police in terms of Section 35(3) BNSS, this Court, regard being had to the claim that he has no other similar antecedent, though not inclined to grant pre-arrest bail to him, is of the view that he should be directed to surrender before the learned court below for being released with suitable conditions imposed. 5. Accordingly, it is ordered. 6. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is directed that in the event, petitioner No.1 surrenders before the learned J.M.F.C. (Rural), Cuttack in connection with Cuttack Sadar P.S. Case No.41 of 2026 corresponding to G.R. Case No.68 of 2026 within a fortnight from today, he shall be released on bail upon furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) with one solvent surety for the like amount with such other conditions imposed as deemed proper in the facts and circumstances of the case. 7. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU Designation: Sr. Stenographer