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2026 DAILYLAW 566 (AP)

JIBARATNA MAJHI v. THE STATE OF ANDHRA PRADESH

CRLP/2479/2026 · 2026-04-07

Venkata Jyothirmai Pratapa

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX :PRESENT: HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2479 OF 2026 Between: Jibaratna Majhi, S/o Jubingalu Majhi, Aged 40 years, R/o Nunruj, Badasindhada Post, Antaraba, Adva, Gajapati District, State of Orissa. Petitioner/Accused No.1 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicatureof AndhraPradesh at Amaravati. Respondent/Complainant Criminal Petition under Sections 480 & 483 of BNSS (Old Sections 437 & 439 of Cr.P.C), 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 release the Petitioner/Accused No.1 on bail in Crime, No. 336 of 2025, On the file of the Visakhapatnam Railway Police Station. The petition/Appeal coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of ADAPA SUDHAKAR RAO Advocate for the Petitioner, Public Prosecutor Advocate for the Respondent and the Court made the following. ORDER 7 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No: 2479 of 2026 Order: The Criminal Petition under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), has been filed by the petitioner/accused No.1, seeking regular bail in Crime No.336 of 2025 of Visakhapatnam GRP Police Station 2. A case has been registered against the petitioner and others for the offences punishable under Sections 8(C) read with 20(b)(ii)(C) of the NDPS Act. 3. Case of the prosecution, in brief, is that on 25.09.2025 in between 09.00 hours to 12.00 hours, at Piller No.24A, PF No.8 of Visakhapatnam Railway Station, found Accused No.1 in possession of 21.92 KGs of Ganja. During the course of investigation, he stated that upon instructions of accused No.2 he is transporting the said contraband. The contraband along with other material were seized under the cover of mediators report and accused No.1 was remanded to judicial custody. 4. Heard Sri Adapa Sudhakar Rao, learned counsel for the petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent-state. 5. Learned counsel for the petitioner submits that the petitioner did not commit any offence and that a false case has been foisted against him. It is 3 further submitted that the petitioner was arrested and remanded to judicial custody on 25.09.2025 and has been in custody since then. As the statutory period of 180 days has elapsed and no charge sheet has been filed, the petitioner is entitled to statutory bail under Section 187(3) of BNSS. Learned Assistant Public Prosecutor also concedes with the submission 6. of the learned counsel for the petitioner. A perusal of the material on record would show that the petitioner was 7. arrested on 25.09.2025 and remanded to judicial custody on the same day. The statutory period of 180 days has been completed and till today no charge sheet has been filed. It is also submitted by the learned Special Assistant Public Prosecutor that no petition seeking extension of time has been filed by the police. In view of the facts and circumstances of the case, this Court is inclined 8. to grant bail to the petitioner/Accused No.l, on the following conditions. (i) Petitioner/Accused No.l shall be released on bail on executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the learned VI Additional Judicial Magistrate of First Class for Railways. (ii) On release, the petitioner/accused No.l shall appear before the Station House Officer concerned, once in a week i.e., on every Sunday between 10.00 a.m. and 05.00 p.m., till filing of the charge sheet. f 4 (iii) The petitioner/accused No.l shall not directly or indirectly contact or threaten the witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses and shall not tamper evidence and shall co-operate with the investigation. It is made clear that the petitioner shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail. As a sequel thereto, the miscellaneous petitions pending, if any, shall stand closed. SD/-B.CHIJT! JOSEPH DEPUTY REGiSTRAR //TRUE COPY// SECTION OFFICER F To, VI Additional Judicial magistrate of 1*' Class Magistrate for Railways VI Additional Civil Judge Court at Visakhapatnam. 2. The Superintendent, Central Prison, Visakhapatnam. 3. The SHO, Visakhapatnam Railway Station, Visakhapatnam. SRI. ADAPA SUDHAKAR RAO Advocate [OPUC] Public Prosecutor, High Court of AP at Amaravati. [OUT] 1. The cum 4. One CC to 5. TwoCC’sto 6. One spare copy TVSR \ HIGH COURT DR.VJP.J DATED: 08/04/2026 ORDER v> C.'j sCS CRLP.No.2479 of 2026 ."s:: 1 0 fiPB 20S .S/ c*i. e \ ALLOWED