Andhra Pradesh High Court – Amravati
Binay Kumar Mishra, vs The State Of Andhra Pradesh on 21 July, 2025
APHC010313982025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3521]
(Special Original Jurisdiction)
MONDAY,THE TWENTY FIRST DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 6456/2025
Between:
1. BINAY KUMAR MISHRA,, S/O. BAPAN MISHRA, AGED ABOUT 44
YEARS, R/O. H.NO.286, ZONE-1/B, BIRSANAGAR, NEARANDRA
SAMITY, PO TELCO, JAMSHEDPUR, PURBI SINGHBHUM
DISTRICT, JHARKHAND STATE, CURRENTLY RESIDING AT FLAT
NO.402, GREEN CASTLE APARTMENT, SUJATHA NAGAR,
PENDURTHI, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT.
2. YOGENDRA CHOUDHARY,, S/O. CHHATTHOO CHOUDHARY, AGED
ABOUT 36 YEARS, R/O. MALAHTOLA, NARIPANCHEDERA POST,
KARANDA TANA, GHAZIPUR DISTRICT, UTTAR PRADESH STATE,
CURRENTLY RESIDING AT FLAT NO.101, NAR RESIDENCY
SUJATHA NAGAR, PENDURTHI, VISAKHAPATNAM,
VISAKHAPATNAM DISTRICT
...PETITIONER/ACCUSED(S)
AND
THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High
Court of Andhra Pradesh.
...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused(S):
GOLLAPALLI MAHESWARA RAO
Counsel for the Respondent/complainant:
PUBLIC PROSECUTOR
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Dr. YLR, J
Crl.P.No.6456 of 2025
Dated 21.07.2025
The Court made the following:
ORDER:
The Criminal Petition has been filed under Sections 437 and 439 of
the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections
480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity
‘the BNSS’), seeking to enlarge the petitioners/Accused Nos.1 and 2 on
bail in Cr.No.01 of 2025 of Pendurthy Police Station, Visakhapatnam
Commissionerate, registered against the petitioners/Accused Nos.1 and 2
herein for the offences punishable under Section 20 (b) (ii)(C) read with
8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for
brevity ‘the NDPS Act‘).
2. The case of the prosecution is that on 01.01.2025, on receipt of
credible information regarding illegal possession of Ganja, the Sub-
Inspector of Police, Pendurthy Police Station, along with his staff and
secured the mediators and rushed to in front of MIG-01, Vuda Colony,
Chinamushidiwada, Pendurthy, Visakhapatnam. The police noticed three
persons with bags suspiciously and on seeing the police, the three persons
tried to escape. The Sub-Inspector of Police along with staff apprehended
Accused Nos.1 to 3 and found in their possession 235 KGs of Ganja. The
Police seized the contraband under the cover of mediator’s report and
remanded to the accused judicial custody.
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Dr. YLR, J
Crl.P.No.6456 of 2025
Dated 21.07.2025
3. Sri G.Maheswara Rao, the learned counsel for the petitioners,
submits that the petitioners have not committed any offence; they are
falsely implicated in this case; they are sole breadwinners of their family;
they are ready to abide any conditions to be imposed by this Court; and
urged to enlarge the petitioners on bail.
4. Per contra, Ms.P.Akila Naidu, the learned Assistant Public
Prosecutor, opposed in granting of bail stating that some more material
witnesses have to be examined; investigation is not completed; if the
petitioners are enlarged on bail, they would not be available for the
investigation and they would escape from the clutches of law; and it is
urged to dismiss the bail application.
5. Perused the record.
6. As seen from the record, the petitioners were indulged in
transportation and possession of 235 KGs of Ganja. The petitioners have
been languishing in the jail since 01.01.2025 onwards, nearly 190 days
they have been in the judicial custody. This Court, vide order dated
10.07.2025 in Crl.P.No.6658 of 2025, granted bail to Accused No. 3.
7. The learned Assistant Public Prosecutor submits that there are no
adverse antecedents against the petitioners/Accused Nos.1 and 2, and no
report was filed before the learned Court below by the learned Public
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Dr. YLR, J
Crl.P.No.6456 of 2025
Dated 21.07.2025
Prosecutor concerned seeking for extension period of judicial custody of
the petitioners up to one year by indicating the progress of investigation
and the specific reasons for the detention of the accused beyond the initial
period.
8. Section 36A(4) of ‘the Act’ states that if the investigation is not
completed within 180 days, the petitioners/Accused Nos.1 and 2 have an
indefeasible right to bail, unless the Special Court extends the period up to
one year on the report of the Public Prosecutor, indicating the progress of
the investigation and specific reasons for the detention of the accused
beyond the initial period.
9. Keeping into consideration the number of days the petitioners have
been in judicial custody, the nature of the allegations levelled against them,
stage of the investigation and their alleged role in the case, this Court is
inclined to enlarge the petitioners on bail with certain stringent conditions.
10. In the result, the Criminal Petition is allowed with the following
conditions:
i. The petitioners/Accused Nos.1and 2 shall be enlarged
on bail subject to them executing a personal bond for a sum of
Rs.25,000/- (Rupees Twenty FiveThousand only), each with
two sureties for the like sum each to the satisfaction of the
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Dr. YLR, J
Crl.P.No.6456 of 2025
Dated 21.07.2025learned VII Additional Judicial First Class Magistrate,
Visakhapatnam.
ii. The petitioners/Accused Nos.1 and 2 shall appear
before the Station House Officer, Pendurthy Police Station,
Visakhapatnam Commissionerate, on every Saturday in
between 10:00 am and 05:00 pm, till the conclusion of the
Trial.
iii. The petitioners/Accused Nos.1 and 2 shall not leave the
limits of the District without prior permission from the learned
Trial Judge.
iv. The petitioners/Accused Nos.1 and 2 shall not commit or
indulge in similar offences in future.
v. The petitioners/Accused Nos.1 and 2 shall cooperate
with the investigating officer in further investigation of the case
and shall be available to the investigating officer as and when
called by him.
_________________________
DR. Y. LAKSHMANA RAO, J
Date: 21.07.2025
RSI
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Dr. YLR, J
Crl.P.No.6456 of 2025
Dated 21.07.2025THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION No.6456 of 2025
Date:21.07.2025
RSI