p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 319 of 2026 Kanhu @ Sushil Naik and another …. Petitioners Mr. C. Rout, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 16.01.2026 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.2244 of 2025 pending in the file of learned S.D.J.M., Talcher arising out of Talcher P.S. Case No.1229 of 2025 on the grounds stated. 3. It is informed to the Court that the co-accused persons have been arrested and released on bail in the meantime. The allegation is with regard to theft of 300 liters of diesel from a Railway locomotive. The submission is that the petitioners are having no earlier antecedent but has been implicated in the case. It is submitted that the criminal cases have been registered against the petitioners after they have been arrested and upon disclosure made by the co-accused persons. Recorded the objection of the State. From the FIR at Annexure-1, the Court finds that good quantity of diesel was looted from ta Railway p. 2 locomotive. Nearly twelve to fifteen persons with their mask on face had attacked the NTPC site and removed the diesel from the Railway locomotive. Considering the nature of allegation revealed from Annexure-1, this Court is not inclined to grant them pre-arrest bail, however, is inclined to direct their surrender before the court concerned seeking regular bail and in case of rejection, to approach the learned Sessions Court during the second hour for an order on the same day without adjournment. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is directed that in the event, the petitioners surrender before the court of learned S.D.J.M., Talcher within fifteen days from today in connection with G.R. Case No.2244 of 2025 corresponding to Talcher P.S. Case No.1229 of 2025 and move regular bail, it shall be duly considered in the first hour and in case of rejection, they shall have the liberty to approach the learned Sessions Court seeking release for being considered and disposed of on the same day by having regard to the pleas advanced that they had no earlier antecedent but implicated on the basis of the confessional statements of the co-accused persons and also entitled to parity. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer