Prafulla Kumar Behera & Anr. vs State of Odisha (Vigilance)

G. Satapathy, J.

Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.

These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Berhampur Vigilance PS Case No.06 of 2026 corresponding to GR Case No.01 of 2026 (V) pending in the file of learned Additional District & Sessions Judge-Cum-Special Judge (Vigilance), Phulbani, for commission of offences punishable U/Ss.13(2) r/w Sections 13(1)(a) of Prevention of Corruption (Amendment) Act and Sections 316(5)/61(2)/318(4)/ 336(3)/338/340(2) of BNS.

The allegation against the petitioners emanates from an FIR lodged by the DSP, Vigilance, Phulbani Unit in Berhampur Vigilance PS Case No.06 of 2026 alleging therein that the present petitioners being the Junior Engineer and Assistant Engineer together with other officials had connived with each other and misappropriated a sum of Rs.42,42,177.74/-by showing execution of five works under Amrit Sarovar water harvesting pond for community under Kotgarh Block, Dist-Kandhamal, construction of Distributary Earthen Canal at Uper Maskapanga and construction of road from Ranipadar School Sahi to Mahabandha work for a sum of Rs.49,84,535/- as against original work done for Rs.7,42,357.26/- and in the process, misappropriating the rest amount by preparing false bills and vouchers and forging documents.

Heard, Mr. Bijaya Kumar Ragada, learned counsel for the petitioner in BLAPL No.7174 of 2026; Mr. Prahallada Sahu, learned counsel for the petitioner in BLAPL No.7285 of 2026 and Mr. Sanjay Kumar Das, learned Additional Public Prosecutor-Vigilance in the matter and perused the record.

After having considered the rival submissions upon perusal of record, there appears not only allegation against the petitioners for misappropriating Government money, but also against other Government Officials and Sarpanch, however, it is submitted that the petitioner Prafulla Kumar Behera -Junior Engineer has deposited a sum of Rs.6,50,000/-and Rs.1,24,360/- in favour of the CDO-cum-EO, Zilla Parishad, Kandhamal, but this Court is not examining the amount of misappropriation in this bail proceeding. Be that as it may, the petitioners are Government Officials and they are in custody since 01.07.2026, but in the meantime, near about two months have elapsed and, thereby, the investigation must have progressed substantially. Besides, the petitioners have never been taken on police remand for custodial interrogation. No doubt, co-accused persons are yet to be arrested, but the same cannot be a ground to refuse bail to the petitioners, especially when no material is being collected to suggest that the petitioners would abscond or pose threat to the witnesses, if released on bail. Bail should not be confused with acquittal of the accused, since it is a temporary release from custody on the assurance of accused to attend the trial. In the aforesaid facts and circumstance and on consideration of materials placed on record together with the pre-trial detention of the petitioners in custody, this Court without expressing any view on merits admits each of the petitioners to bail.

Hence, these two bail applications of the petitioners namely Prafulla Kumar Behera (In BLAPL No.7174 of 2026) and Prasanta @ Prasant Kumar Patro @ Patra (In BLAPL No.7285 of 2026) are allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following condition:-

Accordingly, these BLAPLs stand disposed of. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.