Pre-arrest bail may be granted upon considering the balance of prosecution's investigative rights against the accused's need for protection from wrongful arrest, especially in cases of organized crime.

ORDER :

V. Narasingh, J.

1. Heard Mr. Mohapatra, learned Senior Advocate for the Petitioner and Mr. Panda, learned counsel for the State.

2. The Petitioner is seeking pre-arrest bail in connection with C.T Case No.1460 of 2025 pending in the Court of learned S.D.J.M, Jharsuguda, arising out Lakhanpur P.S. Case No.140 of 2025 for commission of offences punishable under Sections 308(5)/ 111(2)(b)/ 61(2) of BNS.

3. It is alleged that the Petitioner, as a partner of one ‘IB Valley Transport’, participated in a tender, i.e., ‘Hiring of Pay Loaders for Mechanical Transfer of Coal into Road Sale and Washery Trucks at the coal stocks of Lakhanpur OCP / Integrated Lakhanpur–Belpahar– Lalari Project’ invited by MCL. And, the said IB Valley Transport was awarded the tender at 99% below the estimated cost. To deflate the loss incurred in submitting the bid at an abnormally low cost, an extortion racket is being run of which the petitioner is the kingpin. It is alleged that the Petitioner along with his henchmen illegally collected Rs.145/- per truck and Rs.5/- per ton from each transporter engaged and at his behest, Rs.300/- per truck is being collected by the truck owners association. It is the case of the prosecution that the modus operandi adopted by the petitioner as noted above clearly comes under the accusation under Section 111(2)(b) of BNS [111. Organised crime.—

(1) xxx xxx

(2) Whoever commits organised crime shall,—

(a) xxx xxx

(b) in any other case, be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees.

xxx xxx xxx],

4. Learned Senior Counsel appearing for the Petitioner, Mr. Mohapatra submitted that the present Petitioner is implicated in number of cases of similar nature with oblique motive. In this context, he referred to Lakhanpur P.S. Case No.123 of 2025 and Belpahar P.S. Case No.152 of 2025. It is stated that in the aforesaid two cases, similar allegations were made and in Belpahar P.S. Case No.152 of 2025, the allegation was, inter alia, under Section 111(2)(b) of BNS¹ as in the present case and considering the complicity of the present Petitioner, the benefit of Section 35(3) of BNSS [35. When police may arrest without warrant.— (3) The police officer shall, in all cases where the arrest of a person is not required under sub-section (1) issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.] was extended and in Lakhanpur P.S. Case No.123 of 2025, the Petitioner was taken to custody and this Court granted him bail by order dated 29.07.2025 in BLAPL No.7177 of 2025.

4-I. It is the further submission of the learned Senior Counsel referring to the affidavit filed on behalf of the Petitioner clarifying, the criminal antecedents as alleged by the learned counsel for the State, copy of which has been served on the learned counsel for the State that so far as criminal proclivity of the Petitioner which has come to fore during the course of hearing, it is stated that the Petitioner is implicated as an accused in Brajrajnagar P.S. Case No.71 of 2023 under Sections 302/212/120-B/34 IPC read with Sections 25/27 of the Arms Act and one of the co-accused has challenged the order of cognizance and further proceeding at the behest of the said co-accused has been stayed by this Court. The Petitioner has been released on bail in the said case and there is no allegation of any violation of the terms and conditions of release in the said case.

4-II. The Petitioner was cited as an accused in Brajrajnagar P.S. Case No.08 of 2011 and the Petitioner was acquitted in the said case.

4-III. The Petitioner is also an accused in Brajrajnagar P.S. Case No.223 of 2017. The FIR was lod