Allowed

Bamadev Behera v. State of Odisha

Orissa HC5 Jan 2022ABLAPL/15744/2021

Case brief

AI extract

What is this about?

The High Court of Orissa granted anticipatory bail to Bamadev Behera for offences under Sections 379/411/34 IPC related to the misappropriation of minor minerals. The court directed release upon furnishing a bail bond and ensuring availability for interrogation without inducing witnesses.

What did the court decide?

Petitioner released on anticipatory bail on furnishing a bail bond of Rs. 10,000 with two sureties, on conditions of interrogation availability and no inducement of witnesses.

Bamadev Behera Vs State of Odisha — Anticipatory Bail | Orissa HC (2022)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

ABLAPL No.15744 of 2021

¶3

Bamadev Behera

¶4

Petitioner

¶5

Mr. J. Sahoo, Advocate

¶6

-versus-

¶7

State of Odisha

¶8

Opp. Party

¶9

Ms. Susamarani Sahoo, Addl. Standing Counsel

¶10

CORAM:

¶11

JUSTICE S.K. SAHOO

ORDER

Order No.

05.01.2022

01.

This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

¶17

Heard learned counsel for the petitioner and learned counsel for the State.

¶18

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Nirakarpur P.S. Case No.190 of 2021 corresponding to G.R. Case No.491 of 2021 pending in the Court of learned N.G.N. -cum- J.M.F.C., Tangi for alleged commission of offences under sections 379/411/34 of the Indian Penal Code read with section 68 of the Orissa Minor Minerals Concession Rules.

¶19

Perused the F.I.R. annexed to the anticipatory

¶20

// 2 //

¶21

bail application.

¶22

Considering the submissions made by the learned counsel for the petitioner that the petitioner is the registered owner of the offending vehicle and the offences are triable by Magistrate, the background of the case, nature of punishment prescribed for the offences and on hearing the learned counsel for the State, I am inclined to release the petitioner on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, he shall be released on bail on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that he shall make himself available for interrogation by the I.O. as and when required and he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing any facts to the Courts or to the investigating Officer. Violation of any of the conditions shall entail cancellation of bail.

¶23

The ABLAPL is accordingly disposed of.

¶24

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo)

Judge

Page 2 of 2

// 3 //

Page 3 of 2

Bamadev Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bamadev Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sk.Hanan@ Sk. Abdul Hanan Vs State of Odisha

Stiphen Josheph Vs State of Odisha

Bhagirathi Mahapatra Vs State of Odisha

Nila @ Nilamani Meher Vs State of Odisha

Biswajit Sundaray Vs State of Odisha

Sangram Jena Vs State of Odisha