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2026 DAILYLAW 6927 (ORI)

NIKESH RANA v. STATE OF ODISHA

ABLAPL/2306/2026 · 2026-04-21

Sibo Sankar Mishra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2306 of 2026 Nikesh Rana …. Petitioner(s) Mr. Jyotirmaya Sahoo, Advocate -versus- State of Odisha …. Opp. Party(s) Mr. S. Panigrahi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 21.04.2026 01. 1. The petitioner is an accused in connection with Khurda Model P.S. Case No.548 of 2025 corresponding to G.R. Case No.1227 of 2025 registered on the allegation of the alleged commission of offence punishable under Sections 303(2)/305(e)/ 329(3) of BNS, 2023 read with Section 21 (1) of Orissa Mining and Minerals (Development and Regulation) Act and Section 51 of Odisha Minor Mineral Concession Rule, 2016, pending in the Court of the learned SDJM, Khurda. 2. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the p. 2 aforesaid F.I.R. 3. The prosecution case as per the FIR is that on 28.12.2025 while the informant along with other staff were doing their patrolling duty and conducted raid at Chandapur area apprehended one Niranjan Pradhan @ Nira and another Jyoti Ranjan Sahoo @ Chinku along with one JCB bearing Regn. No.OD-02-CV-2396 and one Hywa bearing No.OD-02-CX 3903 and one tractor bearing No.OD-02-AM-2934 loaded with 50 numbers of laterite stones for the conscious possession of the drivers and the driver of the tractor fled away from the spot. On being asked, the driver of the vehicle could not be able to produce any legal document for transportation of the sand. Hence, this case. 4. Learned counsel for the petitioner submits that the owner of the vehicle in which the alleged 50 nos. of laterite stones were being transported has already been protected by the Coordinate Bench of this Court while allowing ABLAPL No.291 of 2026 on 16.01.2026. He further submits that the petitioner is involved in one more similar nature of case. 5. Learned counsel for the State opposed the prayer for anticipatory bail. 6. Regard being had to the nature of allegation and gravity of offence, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly, it is p. 3 directed that in the event the Petitioner is arrested, he shall be released on bail by the Arresting Officer, subject to verification of criminal antecedent of similar nature. The release of the Petitioner shall also be subject to the condition that he shall cooperate with the investigation and shall appear before the I.O. as and when his presence is required by the I.O. for the purpose of investigation; he shall not indulge in similar criminal offences while on bail; he shall not threaten/harass/terrorize the informant in any manner whatsoever while on bail; and he shall appear before the trial court on each and every date of posting of the case, if not presented by sufficient cause. Violation of any of the conditions shall entail cancellation of bail. 7. The ABLAPL is accordingly disposed of. (S.S. Mishra) Judge Ashok MOHAPATRA