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2046 DAILYLAW 5 (ORI)

BISWANATH SAHU @ SAHOO v. STATE OF ODISHA

ABLAPL/2046/2026 · 2026-07-06

R K Pattanaik

body2046

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2046 of 2026 Biswanath Sahu @ Sahoo …. Petitioner Mr. P. C. Panda, Advocate -Versus- State of Odisha …. Opposite Party Mr. Satyabrata Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 06.07.2026 03. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with EOW Bhubaneswar P.S. Case No.5 of 2019 on the grounds stated therein. 3. Perused the FIR as at Annexure-1. From Annexure-2, this Court finds that the investigation has been taken over by EOW, Bhubaneswar in the meantime. The case diary is produced. The instruction received from the IO concerned is produced by Mr. Panda, learned ASC for the State and the same is gone through. It is alleged that the petitioner was a loanee of the bank and had availed a loan of Rs.2 lakh in the year 2008 under the KPL scheme by falsely representing himself as an employee under the R & B Division, Baripada. The report has been lodged in 2019 in respect of the transactions of 2008-09. In fact, this Court finds that there are 20 borrowers, who also availed such loan under the scheme and discrepancies were noticed later leading to the lodging of the FIR. The petitioner being a loanee and since the investigation is still in progress even after 7 years, considering the nature of allegations in the FIR about manipulation of records and absence of any other antecedents so informed, this Court is inclined to direct him to surrender before the learned court below for being released even though it is not a case for pre- arrest bail. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of. It is directed that in the event, the petitioner surrenders before the learned court in seisin over the matter in connection with EOW Bhubaneswar P.S. Case No.5 of 2019 within a fortnight from today, he shall be released on bail upon furnishing bail bond of Rs.40,000/- (rupees forty thousand only) with one solvent surety for the like amount and such other terms and conditions as deemed proper in the facts and circumstances of the case. 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Sumitra