IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2427 of 2026 Shyam Bihari Prasad & another …. Petitioners Mr. B. Dalai, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 22.04.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition has been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Brahmanitarang P.S. Case No.85 of 2019 corresponding to G.R. Case No.241 of 2019 pending in the court of learned J.M.F.C.(R), Rourkela on the grounds stated. 3. Perused the FIR as at Annexure-1. The petitioners had earlier approached this Court in ABLAPL No.4866 of 2019 disposed of in the year, 2021 for being not pressed. It is claimed that the petitioners have two antecedents but not recent one. The claim is that the petitioners are the receivers of the stolen scrap materials, hence, a case under Section 379 read with Section 411 of IPC. Recorded the objection of the State. The alleged occurrence is of the year, 2019. In the meantime, as informed, the chargesheet is filed. Notwithstanding the order in ABLAPL as at Flag-B, this Court considering the nature of allegations revealed from the FIR and that the petitioners are alleged to be the recipient of the scrap materials, this Court though not inclined to entertain their pre-arrest bail plea but to direct them to surrender before the learned court below for being released with conditions. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL petition stands disposed of with a direction to the petitioners to surrender before learned J.M.F.C.(R), Rourkela within a fortnight from today and in the event, they surrender in compliance thereof, shall be released on bail in connection with G.R. Case No.241 of 2019 on furnishing bail bonds of Rs.40,000/- (rupees forty thousand) each with one solvent surety for the like amount each 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. It is further directed that the above order shall be given effect to only if the petitioners do not have more than two criminal cases to their credit as claimed at present. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT