APHC010395582026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE 6th DAY OF AUGUST 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6439/2026 Between: 1. ANISH KUMAR, ,S/O BHUNESHWAR SINGH, AGED ABOUT 31 YEARS,R/O ANJANI, SARAN DISTRICT,BIHAR STATE - 841219. 2. AMIT KUMAR, ,S/O DINESH SINGH, AGED ABOUT 31 YEARS,R/O ANJANI, SARAN DISTRICT,BIHAR STATE - 841219. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, ,Represented by the Public Prosecutor,High Court of Andhra Pradesh,Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. V ROOPESH KUMAR REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused Nos.1 & 2 on bail in Cr.No.149 of 2026 on the file of Prohibition & Excise Police Station, Nellore-I, registered for the alleged offences punishable under Sections 8(c) read with 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Mr.V.Roopesh Kumar Reddy, learned counsel for the Petitioners submits that the Petitioners are innocent of the alleged offence and they have been falsely implicated by the Police. It is further submitted that the Petitioners are the sole earning members of the family and, therefore, their incarceration would cause undue hardship to their dependents. The Petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice. 3. Per contra, Mr.A.Sai Rohith, learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioners, submits that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioners are released on bail at this stage, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing submissions, it is urged that the petition be dismissed. 3 4. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record. 5. On perusal of the record, the Petitioners were arraigned as Accused Nos.1 and 2 in this case. The Petitioners were found in possession of 8.798 kgs of Ganja. The Petitioners were arrested on 06.06.2026. They have been in judicial custody for the past 61 days. So far, 7 witnesses have been examined. Except for receiving the RAL report and preparing the inventory, almost the entire investigation has been completed. There are no adverse antecedents reported against the Petitioners. The seized contraband is not a commercial quantity. If the Petitioners are enlarged on bail with certain stringent conditions, they may not threaten the witnesses, tamper with the evidence, or hamper the investigation. 6. Having regard to the facts and circumstances of the case, the nature and gravity of the allegations levelled against the Petitioners/Accused Nos.1 and 2, this Court is inclined to enlarge the Petitioners/Accused Nos.1 and 2 on bail subject to stringent conditions. 7. In the result, the Criminal Petition is allowed with the following conditions: i. The Petitioner/Accused Nos.1 & 2 shall be enlarged on bail subject to them executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the like sum each to the satisfaction of the learned Special Judicial Magistrate for Trail of Prohibition & Excise Offences, Nellore. 4 ii. The Petitioner/Accused Nos.1 & 2 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The Petitioner/Accused Nos.1 & 2 shall not commit or indulge in commission of any offence in future. iv. The Petitioner/Accused Nos.1 & 2 shall cooperate with the Investigating Officer in further investigation of the case and shall make himself available for interrogation by the Investigating Officer as and when required. v. The Petitioner/Accused Nos.1 & 2 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court. vi. The Petitioner/Accused Nos.1 & 2 shall surrender their passports, if any, to the investigating officer. If they claims that they do not have passports, they shall submit affidavits to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 06.08.2026 PRA 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6439 of 2026 Date: 06.08.2026 PRA