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2026 DAILYLAW 5482 (ORI)

BISWA RANJAN MOHARANA @ MAHARANA v. STATE OF ODISHA

ABLAPL/1715/2026 · 2026-03-24

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1710 of 2026 Sanju Gagrai …. Petitioner Mr. P.S. Das, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC ABLAPL No.1715 of 2026 Biswa Ranjan Moharana & Maharana …. Petitioner Mr. P.S. Das, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC And ABLAPL No.1728 of 2026 Balraj Singh …. Petitioner Mr. P.S. Das, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 24.03.2026 01. 1. All the ABLAPLs are disposed of by the following common order. 2. Heard Mr. Das, learned counsel for the petitioners and Mr. Mohanty, learned ASC for the State. 3. Instant petitions under Section 482 BNSS are filed for pre-arrest bail of the petitioners in connection with Bamibari P.S. Case No.21 of 2026 corresponding to G.R. Case No.110 of 2026 pending in the file of learned J.M.F.C., Barbil on the grounds stated therein. 4. Gone through the FIR as at Annexure-1. The report alleges that there was illegal transportation of iron ores. The JCB and truck involved in such transportation were found at the spot, as revealed therein. It is submitted to the Court that accused, namely, Sanju Gagrai is the driver of the alleged vehicle, whereas, the other two are the owners of JCB and the truck. It is informed to the Court that the said accused is having one similar case but the owners do not have any. The cost of iron ores transported in the alleged truck is Rs.60,000/- as revealed from the FIR. Considering the above facts and since the recovery has been made and as there has been substantial progress in the investigation by now and though one of the petitioners is shown to have an antecedent and the other two being the owners of the vehicles, this Court though not inclined to grant pre-arrest bail to any of them, but is of the view that they should be directed to surrender before the learned court below for being released with stringent conditions imposed and accordingly, it is ordered. 5. In the result, the ABLAPLs stand disposed of with the direction as aforesaid. It is further directed that in the event, the petitioners surrender before the court of learned J.M.F.C., Barbil within a fortnight from today, they shall be released on bail in connection with Bamibari P.S. Case No.21 of 2026 corresponding to G.R. Case No.110 of 2026 subject to them furnishing a bail bond of Rs.30,000/- (Rupees thirty thousand) each with one solvent surety for the like amount each with such other suitable conditions as deemed just and proper in the facts and circumstances of the case. It is further directed that the petitioner in ABLAPL No.1710 of 2026 shall furnish an undertaking not to involve himself in similar criminal activities, while on bail and the petitioners in ABLAPL Nos.1715 of 2026 and 1728 of 2026 are to submit undertakings at the P.S. to ensure their JCB and truck are not used in further illegal transportation in future and all of them shall cooperate the I.O. in the investigation. 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok