IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.5954 of 2025 Bishnu Prasad Pattnaik @ … Petitioner Biranchi Narayan Pattnaik Mr. D. Panda, Advocate -versus-

State of Orissa … Opposite Party Mr. T.K. Acharya, Addl. PP CORAM:

JUSTICE G. SATAPATHY

ORDER(ORAL)

11.11.2025 Order No

06. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. This is the bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Gunupur PS Case No.143 of 2018 corresponding to GR Case No.309 of 2018 pending in the file of learned SDJM, Gunupur for commission of offences punishable U/Ss.419/420/465/467/471 of IPC, on the main allegation of cheating the informant for a sum of Rs.79,179,18/- by issuing forged appointment letters to him in British Airways and Lufthansa Technique at Cambodia.

3. In the course of hearing, Mr. Devashis Panda, learned counsel for the petitioner submits that there is absolutely no material against the petitioner for making him liable either for cheating or for forgery and the so called issuance of such appointment letters in favour of the informant, nobody has verified the same nor is it established by materials on record that the said documents are in fact prepared and issued at the instance of the petitioner. It is further, submitted that all the offences being triable by magistrate and the petitioner having acquitted in three cases and being already on bail in other case, there would not be any impediment to grant bail to the petitioner in this case. It is further submitted that the petitioner has neither obtained any fake passport nor has taken the informant to Cambodia by any fake passport and the petitioner having not given any false declaration for his journey to Cambodia, the offences as raised against him for 12(1)(b) passport Act and 24(1)(c) immigration Act are not made out to prosecute him under these two acts, however, the prosecution having not obtained sanction from Central Government, it cannot prosecute the petitioner for the aforesaid two offences. On these submissions, Mr. Panda prays to grant bail to the petitioner.

3.1 In reply, Mr. T.K. Acharya, learned Addl. PP submits that the case is of the year 2018, but the petitioner was apprehended on 21.05.2025 and the petitioner was also found in possession of two passports and two voter ID cards; one in the name of Bishnu Prasad Pattnaik and other in the name of Biranchi Narayan Pattnaik and this shows the conduct of the petitioner and there is ample materials to indicate that the petitioner has taken away Rs.79,179,18/-from the father of the informant to give appointment to the informant in British Airways and the petitioner having involved in five cases of similar nature, his bail application may kindly be rejected.

4. After having considered the rival submissions upon perusal of records, there appears allegation against the petitioner for taking a sum of Rs.79,179,18/- from the family members of the informant on the pretext of providing employment to the informant in British Airways and Lufthansa Technique at Cambodia, but the IO in the course of investigation has allegedly seized the letters disclosing appointment letters in favour of the informant, one in British Airways and another in Lufthansa Technique. The petitioner has in fact been granted bail in another case in Gunupur PS Case No.126 of 2018, but the petitioner is stated to have been involved in other three cases, however, the allegation against the petitioner in this case is serious and the IO has already submitted charge-sheet keeping the investigation open. It is undisputed that the present case was registered in the year 2018, but the petitioner was apprehended in the year 2025. No doubt the offences under passport Act and immigration Act do not prescribe punishment beyond two years, but the offence U/S.467 of IPC prescribes punishment for life. Further, it is found from the charge sheet that two passports have been seized from the petitioner, wher