Orissa High Court
Benudhar Lohar vs State Of Odisha .... Opposite Party on 28 February, 2024
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 1669 of 2024
Benudhar Lohar .... Petitioner
Mr. Sidhartha Das, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. S.K. Mishra, Additional Standing Counsel
CORAM:
THE CHIEF JUSTICE
ORDER
Order No. 28.02.2024
01. This matter is taken up through Hybrid mode.
2. This application under Section 438 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') has been filed for grant of pre- arrest bail to the petitioner, who is the accused in G.R Case No.295/2024 arising out of Bamibari P.S. Case No. 65/2024, now pending in the Court of the learned J.M.F.C., Barbil for commission of offence punishable under Sections 379/411/34 of the Indian Penal Code (IPC) read with Section 51 of the Orissa Minor Minerals Concession Rule 2016.
3. Heard Mr. Sidhartha Das, learned counsel appearing on behalf of the petitioner and Mr. S.K. Mishra, learned Additional Standing Counsel (ASC) for the opposite party-State.
4. The Sub-Inspector of Police, Bamibari is the informant who has alleged in the FIR that while on a patrolling duty, he got an information that there was illegal transportation of sand (a minor Page 1 of 3 mineral) being carried in a tractor from Bandhuabeda site. A raid was conducted leading to seizure of the said tractor and arrest of the driver. The petitioner is admittedly the registered owner of the said tractor. The driver of the tractor was apprehended who is said to have disclosed to the Police that he was engaged in illegal transportation of sand at the instance of the petitioner.
5. Learned counsel appearing on behalf of the petitioner has argued that merely because he is the owner of the tractor, he cannot be said to have committed the offence punishable under Section 379, 411 read with 34 of the IPC and Section 51 of the OMMC Rule, 2016. He has also argued that the petitioner has no criminal antecedents.
6. Considering the facts and circumstances that the petitioner has no criminal antecedents and his name has emerged based on the confessional statement of the driver of the tractor only, a case is made out for grant of pre-arrest bail. Accordingly, the application is allowed.
7. Let the petitioner above named, in the event of his arrest/surrender within six weeks from today, in the Court below, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two solvent sureties for the like amount each to the satisfaction of the learned J.M.F.C., Barbil in connection with Bamibari P.S. Case No.65 of 2024 subject to the conditions laid down under Section 438(2) of the Cr.P.C. This is subject to the condition that the petitioner shall present himself before the Page 2 of 3 police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the police/Court on two consecutive occasions, the bail bonds shall be liable to be cancelled.
Let an urgent certified copy of this order be issued as per rules.
(Chakradhari Sharan Singh) Chief Justice S. Behera Page 3 of 3 Signature Not Verified Digitally Signed Signed by: SUMANTA BEHERA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Feb-2024 17:00:46