NANDKISHOR AGRAWAL Vs. STATE OF ODISHA

JUDGEMENT

(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 Ss. 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.145.00 per truck and Rs.5.00 per ton from each transporter engaged and at his behest, Rs.300.00 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 Sec. 111(2)(b) of Bharatiya Nyaya Sanhita, 2023-Sec. [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.].