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2026 DAILYLAW 913 (ORI)

MIHIR KUMAR PANDA v. STATE OF ODISHA(VIG.)

ABLAPL/1023/2026 · 2026-02-17

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1023 of 2026 Mihir Kumar Panda …. Petitioner Mr. S. K. Padhy, Advocate -Versus- State of Odisha (Vigilance) …. Opposite Party Mr. M.S. Rizvi (Counsel for Vigilance) ABLAPL No.601 of 2026 Kulamani Meher …. Petitioner Mr. A. Panda, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.S. Rizvi (Counsel for Vigilance) And ABLAPL No.614 of 2026 Tulse Bhoi …. Petitioner Mr. U. K. Barik, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.S. Rizvi (Counsel for Vigilance) CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 17.02.2026 01. 1. All the ABLAPLs are disposed of by the following common order. 2. Heard learned counsels for the respective parties. 3. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioners in connection with Sambalpur Vigilance P.S. Case No.28 of 2025 corresponding to Vigilance G.R. Case No.15 of 2025 pending in the file of learned Special Judge (Vigilance), Balangir on the grounds stated therein. 4. Perused the F.I.R. as at Annexure-1 (in all the ABLAPLs). As per the report alleged, there has been allegation of defalcation for an amount of Rs.12,24,830/-. The allegation is that during the year 2022-23 to 2024-25, there was execution of projects, such as, excavation of farm ponds under MGNREGS Scheme undertaken in Kapilabhata G.P. of Bangomunda Block in the district of Bolangir with an estimated cost of Rs.1.64 lakh each. According to learned counsels for the petitioners, the present accused persons are PEO, Sarpanch, and J.E., who was on duty and is not absconding and is to co-operate in the investigation as and when necessary. Learned counsel for the Vigilance Department referring to the instructions received vide letters, the copies of which, are produced at the time of hearing, submits that the investigation is hampered since the petitioners are absconding and not extending co-operation to the I.O. in the investigation. The reports annexed to the letters also reveal that there is no need of any custodial interrogation for petitioners, but the investigation is derailed on account of the petitioners having absconded from the locality. In so far as, the accused, namely, J.E. is concerned, it is submitted to the Court by learned counsel appearing for him that he is on duty and never absconded. 5. Considering the above facts and absence of any need for a custodial interrogation and under the impression that the defalcation alleged is based on evidence already collected during investigation, this Court though not inclined to grant any of them pre-arrest bail, but is of the view that they should instead be directed to surrender before learned court below for being released with suitable conditions imposed. 6. Accordingly, it is ordered. 7. In the result, all the ABLAPLs stand disposed of with the direction as aforesaid. It is further directed that upon surrender before the court of learned Special Judge (Vigilance), Balangir within a fortnight from today, the petitioners shall be released on bail in connection with Sambalpur Vigilance P.S. Case No.28 of 2025 corresponding to Vigilance G.R. Case No.15 of 2025 subject to them furnishing bail bonds of Rs.50,000/- (Rupees fifty 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 besides the following, such as, they shall report the I.O. as and when summoned and to continue in extending co-operation in the investigation, till the same is over. 8. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Sumitra