Minaketan Swain Vs State of Odisha

Instant petition has been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Khurda Model P.S. Case No.540 of 2025 corresponding to G.R. Case No.1212 of 2025 pending in the court of learned S.D.J.M., Khurda on the grounds stated.

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Perused the FIR as at Annexure-1. A legible copy of the formal FIR is produced along with a memo. The copies of the DLs in respect of the petitioners are also produced with the claim that they were the drivers of the alleged vehicles at the relevant point of time. The submission is that the petitioners are having no other antecedents, hence, therefore, they should be granted pre-arrest bail. An objection is received from learned counsel for the State to the effect that the vehicles in question have been seized in connection with the alleged incident during

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which sand was illegally transported therein. Considering the fact that two vehicles are involved and both the petitioners are the drivers but for the illicit transportation of sand alleged, they apprehend arrest in the hands of the police, recording the objection of the State and regard being had to the claim that none is having past criminal antecedents, this Court though not inclined to grant them pre-arrest bail but is of the view that they should surrender before the learned court below for being released on bail with suitable conditions imposed.

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5. Hence, it is ordered.

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In the result, the ABLAPL petition stands disposed of with a direction to the petitioners to surrender before learned S.D.J.M., Khurda within a fortnight from today and in the event of their surrender in compliance thereof, they shall be released on bail in connection with G.R. Case No.1212 of 2025 on furnishing bail bonds of Rs.30,000/- (rupees thirty thousand) each with one solvent surety for the like amount each to the satisfaction of the court below, which shall be at liberty to impose such other conditions as deemed just and proper in the facts and circumstances of the case. The above order, as is further directed, shall not be given effect to if both the petitioners are having any similar antecedents.

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7. Issue urgent certified copy of this order as per rules.

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(R.K. Pattanaik) Signature Not Verified Judge

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Digitally SignedBalaram Signed by: BALARAM BEHERA Designation: PERSONAL ASSISTANT Reason: Authentication Location: OHC,CTC Date: 20-Feb-2026 17:11:59

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Minaketan Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Minaketan Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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