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2025 DAILYLAW 53996 (AP)

Kailash Chandra Behera v. The State of Andhra Pradesh

CRLP/10356/2025 · 2025-10-13

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

/* s [3521] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI > TUESDAY ,THE FOURTEENTH DAY OF OCTOBER 1 <•' / •V‘. * TWO THOUSAND AND TWENTY FIVE \ ( ?• ' ft' iPRESENT: T><E HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10356 OF 2025 '-V.- 4 ■ #■ *• ? Between: Kailash Chandra Behera, S/o. Sukanta Behera, aged about 25 years, R/o. Gajapathi Nagaram Village, Ramba P.S., Ganjam District, Odisha State. Petitioner/Accused No.1 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. Respondent Petition under Section 437 & 439 of Cr.P.C and Section 480 & 483 of BNSS is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.1 on bail pending disposal of Crime No.310/2025 of Narasannapeta P.S., Srikakulam District. ^ The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri BALABHADRUNI MANOHAR Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. 2 ORDER: This criminal petition has been filed, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioner- accused No. 1 on bail in crime No. 310 of 2025 of Narasannapeta Police Station, Srikakulam District, registered for the offence punishable under Section 8 (c) read with Section 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, on the allegation of the petitioner- accused No. 1 was found in possession of 2.120 K.Gs. of Ganja. 2. Heard learned counsel for the petitioner-accused No. 1 and learned Assistant Public Prosecutor appearing for the respondent-State. 3. The petitioner-accused No. 1 was found in possession of 2.120 K.Gs. of Ganja. It is not a commercial quantity. The petitioner was arrested on 18-09-2025. He has been in judicial custody for the past 27 days. There are no criminal similar adverse antecedents reported against the petitioner. So far, four witnesses are examined. They are all official witnesses. Hence, chances of the petitioner threatening the witnesses or tampering the evidence or hampering the investigation may not arise. The petitioner is permanent resident of Gajapathi Nagaram Village, Ganjam District, Odisha State. He has got fixed abode. 4. Considering the facts and circumstances of the case and the nature and gravity of allegations levelled against the petitioner, this Court is inclined to enlarge him on bail with the following stringent conditions: 3 (i) The petitioner-accused No. 1 shall be enlarged on bail subject to his executing a bond for a sum of Rs. 10,000/- (Rupees ten thousand only) with two sureties for the like sum each to the satisfaction of learned Judicial Magistrate of I Class, Narasannapeta; (ii) The petitioner-accused No. 1 shall appear before the Station House Officer concerned on every Saturday in between 10:00 am and 05:00 pm till filing of charge sheet; (iii) The petitioner-accusedNo. 1 shall make himself available for investigation as and when required; The petitioner-accused No. 1 shall not cause any threat inducement or promise to the prosecution witnesses; (iv) (V) The petitioner-accused No. 1 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have passport, he shall submit affidavit to that effect to the Investigating Officer; and (Vi) The petitioner-accused No. 1 shall not leave the limits of Andhra Pradesh State without the express permission from the Station House Officer concerned. 5. The criminal petition is accordingly allowed. SDl- K. KASiRAO ACHARi ASSISTANT^EGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Judicial Magistrate of First Class, Narasannapeta, Srikakulam District. 2. The Superintendent, Central Jail, Visakhapatnam. 3. The Station House Officer, Narasannapeta Police Station, Srikakulam District. 4. One CC to SRI. BALABHADRUNI MANOHAR Advocate [OPUC] 5. Two CCs to Public Prosecutor (AP) High Court of A.P., Amaravati [OUT], 6. One spare copy HIGH COURT DR.YLR,J DATED: 14/10/2025 BAIL ORDER CRLP.No.10356 of 2025 ALLOWED