[3327] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA FRIDAY ,THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE .-PRESENT.I THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 653 OF 2025 Betwee n : sake pavan Kumar, s/o. sake Eswaraiah, Aged 40 years, pasarakunta Village, Raptadu MandaI Ananthapuramu Dl'strict. Petitioner/Accused The State of Andhra pradesh, through station House Officer, prohibition and ExcI'Se Police stall-on, rep. by public prosecutor Hl'gh Court at Amaravati. AND Respondent petition under section 482 of BNSS l's filed praying that in the circumstances stated in the affl'davit filed in support of the criminal petition, the High Court may be pleased to enlarge the anticipatory bail in the event of arrest of the petI-tiOner/Accused l'n FIR No.359/2024, Dt.28.12.2024 on the fI-Ie of Prohibition and Excl'se Police Station, Ananthapuramu District. The petition/Appeal coml-ng on for hearing, upon perusing the petition and the grounds fl-led in support thereof and upon hearing the arguments of srl' p NARASIMHULU Advocate for the petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the court made the following. ORDER:- This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short {the BNSSI) has been filed on behalf of the petitioner/accused to grant anticipatory bail in connection with Crime No.359 of 2024 of Prohibition and Excise Station, Ananthapuramu circle, Ananthapuramu District. 2. A case has been registered against the petitioner/ accused for the offence punishable under Section 34 (a) (1) (ii) of the Andhra Pradesh Excise Act,1968 (Amendment) Act, 2023 (for brevity 'the AP Excise Actl) 3. Brief facts of the case of prosecution are that, on 28.12.2024 at about 5.00 p.m. basing on the credible information of the Inspector of Prohibition and Excise Inspector, Ananthapuramu, the Sub-Inspector of Police, Prohibition and Excise along with his staff reached Ashok Nagar of Ananthapuramu Municipal Corporation and while they were proceeding near the house bearing Door No.12-1-868, opposite street to Alekhya Function Hall, Ashok Nagar, Ananthapuramu Town, they found accused carrying two black luggage bags containing 42 defence liquor bottles; that the police tried to apprehend the accused, but he skulked from the scene; that the police seized the contraband .s= r7 under the cover of a Mediators Report, basing on which, a case in Crime No.359 of 2024 was registered for the aforesaid offence and investigated into. 4. Learned counsel. 4. Learned counsel. for the petitioners/accused submitted that the identity of petitioner/accused was only on the mediators report drafted on the date of the incident and except that the petitioner/accused is,no way connected to the crime. 5. Learned Assistant Public Prosecutor for State submitted that the investigation disclosed that the investigation is pending. Hence,I prays to dismiss the criminal Petition. 6. Heard and perused the record. 7. A perusal of material on record coupled with the Mediators Report drafted by the police personnel on 28.12.2024 goes to show that the police seized the contraband in the house bearing Door No.12-1-868, opposite Street to Alekhya Function Hall and the petitioner was alleged to have carrying the contraband on the date of the incident. Pr,-ma rae,-e a perusal of Mediators Report would reveal that the contraband was seized in the aforesaid premises, but not from the possession of petitioner/ accused. There is any amount of ambiguity whether the E- lSTRAR i petitioner/accused involved in manufactur-lng and supply of lD arrack as alleged by the prosecution, in the present crime- ln v'lew of the said reason, this court is inclined to grant ant'ICiPatOry ba" tO the petitioner/accused, on certain conditions. 8| Accordingly, in the event Of the arrest Of Petitioner/ accused in the above crime, he shaH be released On ba" On his executing personal bond for a sum of Rs.10,000/- (Rupees ten thousand) with two suret'les each for the like sum to the satisfaction of the arrest'lng pol-Ice offllcials. Further, the Petitioner/accused Sha" appear before the slat-Ion House Officer, COnCerned Once in a week ,-.e. on every saturday in between 10.00 a.m. and 2.00 p.m. till filing of the charge sheet and further, the petitioner/accused sha" make h'lmself available for invest'lgation as and when required and that he sha" not cause any threat, -Inducement or prom-ISe tO the prosecution w-ltnesses. 9. Accordingly, the Criminal Petition iS a"owed. //TRUE COPY// OFFICER ForAOOIOlnl`I .I_ To, + 1. The Station House Officer, Prohibition and Excise Police Station, Ananthapuramu District. 2. One CC to SRI. P NARASIMHULU Advocate [OPUC] 3. Two CCs to Public Prosecutor (AP) High Court ofA.P., Amaravati [OUT]. 4. One spare copy HIGH COURT SRK,J DATED:31/01/2025 BAIL ORDER CRLP.No.653 of 2025 ALLOWED -:;_i:i:-:,:i-?:=-;F` \ 2 EEB 1®15 #sseSee#£_£#grr-