p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 363 of 2026 Subash Chandra Behera and another …. Petitioners Mr. K. Gaya, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 20.01.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioners in connection with G.R. Case No.739 of 2025 pending in the file of learned J.M.F.C., Konark arising out of Konark P.S. Case No.205 of 2025 on the grounds stated. 3. Perused the FIR as at Annexure-1. The case diary is produced for the Court’s perusal by the learned counsel for the State. Gone through the statements of the witnesses recorded under Section 180 BNSS including that of the informant. As per the FIR i.e. Annexure-1, there is allegation of kidnapping with a demand of ransom. Learned counsel for the petitioners submits that the present accused persons are related to each other as father and son and have been implicated on account of a business dealing between the parties. A copy of the order in respect of one of the co-accused, namely, Nirbhay Maharatha in BLAPL No.11981 of 2025 dated 7th January, 2026 is p. 2 produced claiming that he is on bail with conditions. It is also informed to the Court that another accused, namely, Chanchal Jena is presently in judicial custody. The submission of learned counsel for the petitioners is that though there has been allegation of ransom demand but nothing was paid and received by any of the accused persons as a result thereof. The statement of the victim, namely, Jaya Chakrabarti recorded under Section 180 BNSS is also produced. It is made to understand from the materials on record that the petitioners alleged to be present near the spot at the relevant point of time, when the victim was kidnapped. Having regard to the fact that the chargesheet is already filed in the meantime and though the petitioners had earlier approached in ABLAPL No.12065 of 2025 and directed to surrender to move application for bail for being considered on merit, in view of the aforesaid development with the closure of investigation and the nature of allegation against them as made to reveal from the statement of the victim and recording the objection of the State, this Court is not inclined to grant pre- arrest bail to any of them, however, is of the view that they should be directed to surrender before the learned court below for being released on bail with suitable conditions keeping view the criminal antecedent vis-à-vis petitioner No.1. 4. Accordingly, it is ordered. 5. 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., Konark within fortnight from today, it is directed that they shall be released on bail in connection with G.R. Case No.739 of 2025 corresponding to p. 3 Konark P.S. Case No.205 of 2025 upon furnishing bail bonds of Rs.40,000/- (rupees forty 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 commit similar mischief after being released. The above order shall not be given effect to in respect of petitioner No.1 if upon verification, he is found having similar antecedent. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer