Extracted from the PDF above. The PDF is authoritative.
Page 1 of 3.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.389 of 2025
1) Laxmidhar Behera ..... Petitioners 2) Manoranjan Sahoo 3) Pramod Kumar Sahu @ Pramod Sahu 4) Batua Naik @ Patua @ Patua Naik
Represented By Adv. – Mr. B.K. Raj -versus- State Of Odisha ..... Opposite Party
Represented By Adv. – Mr. S.K. Parhi, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 15.01.2025
Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioners as well as learned Additional Standing Counsel appearing for the State-Opposite Party.
3. The present application has been filed under Section 482 of B.N.S.S., 2023 by the Petitioners seeking pre-arrest bail in connection with Balimi P.S. Case No.02 of 2025, corresponding to G.R. Case No.05 of 2025, pending in the court of learned S.D.J.M., Hindol, for alleged commission of offences punishable under Sections 303(2)/317(2)/ 3(5) of B.N.S., 2023 read with
Page 2 of 3. Section 51 of the Odisha Minor Mineral Concession Rules,
2016.
4. It is stated by the learned counsel for the Petitioners that the Petitioners all are truck owners whose trucks were seized by the police while illegally transporting laterite stones. He further submitted that neither the Petitioners were present at the spot nor the illegally transportation was being done with the knowledge and and consent of the present Petitioners. Learned counsel for the Petitioners further submitted that the Petitioners do not have any criminal antecedent and that they belong to the locality, therefore, there is no chance of their absconding.
5. Taking into consideration the aforesaid facts, although this Court is not inclined to grant pre-arrest bail to the Petitioners, however it is directed that in the event the Petitioners surrender before the Court in seisin over the matter within a period of four weeks from today and move an application for bail, the Court in seisin over the matter shall release them on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent of the Petitioners. In the event it is found by the court below that the Petitioners are having any similar criminal antecedent, then this
order shall automatically stand revoked. While imposing conditions, the court in seisin over the matter shall also impose conditions whereby the Petitioners shall cooperate with the investigation and shall appear before the I.O. as and when their presence is required by the I.O. for the purpose of investigation;
Page 3 of 3. and they shall not indulge in similar criminal offence and shall not allow their vehicle to be used in similar type of offence while on bail. Violation of any of the conditions imposed either by this Court or the court in seisin over the matter shall entail cancellation of bail.
6. Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( Aditya Kumar Mohapatra)
Judge Debasis