p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 1008 of 2026 Biswajit Badajena @ Chintu and others …. Petitioners Mr. J. Sahoo, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC And ABLAPL No. 1187 of 2026 Sumanta Pradhan …. Petitioner Mr. R. R. Ray, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 16.03.2026 03. 1. Both the ABLAPLs are disposed of by the following common order. 2. Heard learned counsel for the respective parties. 3. Instant petitions under Section 482 BNSS are filed seeking pre-arrest bail of the petitioners in connection with G.R. Case No.21 of 2026 pending in the file of learned p. 2 J.M.F.C., Begunia arising out of Begunia P.S. Case No. 22 of 2026 on the grounds stated. 4. Perused the FIR as at Annexure-1 and it reveals that illegal excavation for laterite stone from a quarry is alleged. It is submitted that petitioner Nos. 1, 2 and the other accused in the ABLAPL No.1187 of 2026 are claimed to be the owners of the JCB and vehicles involved. The accused, namely, petitioner No.3 in ABLAPL No.1008 of 2026 is stated to be a labourer engaged at the time of excavation. On being asked, Mr. Sahoo, learned counsel for the petitioners submits that petitioner Nos.1 and 2 are having one criminal case each against them, whereas, Mr. Ray, learned counsel for the other accused, namely, Sumanta Pradhan does not have any instruction regarding his antecedent. The case diary has been received and the same is produced for the Court’s perusal. The presence of the petitioners at the spot is alleged by the learned counsel for the State. From the FIR, it is made to understand that one Chandu along with others named therein are illegally running the excavation. Considering the above facts and submissions of learned counsel for the respective parties and as the owners of the JCB are involved and the other accused happens to be a labourer present at the spot allegedly engaged by them, this Court though not inclined to grant pre-arrest bail to any of them but is of the view that all should be directed to surrender before the court below for being released with conditions imposed. p. 3 5. Accordingly, it is ordered. 6. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioners surrender before the court of learned J.M.F.C., Begunia within a fortnight from today, it is directed that they shall be released on bail in connection with G.R. Case No.21 of 2026 corresponding to Begunia P.S. Case No. 22 of 2026 on furnishing bail bonds of Rs.30,000/-(rupees thirty thousand) each with one solvent surety for the like amount each with such other conditions imposed by the court concerned as deemed just and proper and in the facts and circumstances of the case besides the following, such as, they shall not involve themselves in similar criminal activities and to furnish an undertaking at the local PS in that regard. It is further directed that petitioner Nos.1 and 2 in the ABLAPL No.1008 of 2026 and the other accused, namely, Sumanta Pradhan in ABLAPL No.1187 of 2026 shall also submit undertakings to ensure that their vehicles/JCBs are not used and utilized for such illegal excavation in future and all of them to cooperate in the investigation and to report the I.O as and when summoned. 7. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer