Orissa High Court
ABLAPL/1740/2026 of SANJAYA KUMAR GHOSH Vs STATE OF ODISHA on 8 September 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1740 of 2026 CNR No. ODHC010089292026 Sanjaya Kumar Ghosh …. Petitioner Mr.P.C. Jena, Advocate -versus- State of Odisha …. Opposite Party Mr.C.R.Swain, AGA ABLAPL No.1813 of 2026 CNR No. ODHC010089342026 Muna Sahoo @ Saroj Kumar
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.1740 of 2026
CNR No. ODHC010089292026
Sanjaya Kumar Ghosh
….
Petitioner
Mr.P.C. Jena, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr.C.R.Swain, AGA
ABLAPL No.1813 of 2026
CNR No. ODHC010089342026
Muna Sahoo @ Saroj
Kumar Sahoo
….
Petitioner
Mr.P.C. Jena, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr.C.R.Swain, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
08.09.2026
06. 1. Heard learned counsel for the Petitioner and learned counsel for the State.
2. Since both the ABLAPLs relate to same FIR, on the consent of the parties, they are taken up together and are being disposed of by this common order.
3. The Petitioners are seeking pre-arrest bail in connection with the G.R. Case No.294 of 2024 arising out of Banarpal P.S. Case No.110 of 2024 pending on the file of learned J.M.F.C., Banarpal for commission of offences punishable under Sections 379/120-B of the IPC read with section 51 of the Orissa Minor Mineral Concession Rules, 2016.
4. It is submitted by the learned counsel for the Petitioners that the Petitioner in ABLAPL No.1740 of 2026 as well as ABLAPL No.1813 of 2026 were before this Court in ABLAPL No.122 of 2026 & ABLAPL No.123 of 2026 and those were disposed of by order dated 09.01.2026 with a direction that on surrendering, they shall be released on bail subject to verification of criminal antecedents other than the similar nature.
5. It is submitted by learned counsel for the Petitioners that both the Petitioners were found to be involved in Banarpal P.S. Case No.111 of 2025 instituted for commission of offence under sections 303(2)/61(2) of BNS & section 12 of OMPT and section of 5 of OMMC Act. Since though in essence the offences are similar nature, it is submitted that the Petitioners have reasonable apprehension that the same be treated not to be of similar nature. Hence, the Petitioners have reasonable apprehension of being remanded to custody.
6. It is further submitted by learned counsel for the Petitioners that since the Petitioners have been falsely implicated in the case at hand, they have been made as scapegoat in this case as well. Hence, they may be protected by pre-arrest bail.
7. Learned counsel for the State opposes the prayer for pre-arrest bail and submits that the Petitioner did not bring the same to the notice of this Court when the earlier bail applications were disposed of. Hence, no leniency would be shown the Petitioners.
8. Taking into account the rival submissions, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.
9. It is needless to state that the Petitioners shall cooperate with the ongoing investigation.
10. The ABLAPLs are accordingly disposed of.
Issue urgent certified copy as per rules.
(V. NARASINGH)
Judge Basu Digitally Signed Signed by: BASUDEV NAYAK Designation: ADDL. DY. REGISTRAR-CUM-ADDL. PRINCIPAL SECY Reason: Authentication Location: HIGH COURT OF ORISSA : CUTTACK Date: 10-Sep-2026 18:22:22 Signature Not Verified