Andhra Pradesh High Court – Amravati
Biraj Kumar Behara vs The State Of Andhra Pradesh on 15 April, 2026
APHC010174682026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3396]
(Special Original Jurisdiction)
WEDNESDAY, THE FIFTEENTH DAY OF APRIL
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 2544/2026
Between:
1. BIRAJ KUMAR BEHARA, S/O UDAYANADH BEHARA, AGED 37
YEARS,R/O POLICE CAMP, DP CAMP, SUNABEDA,KORAPUT
DISTRICT,ORISSA STATE.
...PETITIONER/ACCUSED
AND
1. THE STATE OF ANDHRA PRADESH, rep.By its Public Prosecutor,High
Court of A.P., Amaravati,Through Station House Officer,Saluru Rural
Police Station
...RESPONDENT/COMPLAINANT
Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS
praying that in the circumstances stated in the Memorandum of Grounds of
Criminal Petition, the High Court pleased to enlarge the Petitioner/ A.1 on
Regular Bail in connection with Crime No.40/2025 on the file of Saluru Rural
Police Station, dated: 07.05.2025 and pass
Counsel for the Petitioner/accused:
1. SRAVAN KUMAR NAIDANA
Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
2
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 2544/2026
ORDER:
This Criminal Petition, under Sections 480 and 483 of the BNSS, has
been filed by the Petitioner herein/Accused No.1, seeking regular bail, in
Crime No.40/2025 on the file of Saluru Rural Police Station, dated:
07.05.2025, registered for the offences punishable under Section 20(b)(ii)(C)
r/w 8(c) of Narcotic Drugs and Psychotropic Substances Act (for short “NDPS
Act“).
2. The case of the prosecution, in brief, is that on 07.05.2025 at about
12:00 hours, the Sub-Inspector of Police, Salur Rural Police Station, along
with his staff and mediators, proceeded to Dugdasagaram Village Junction for
vehicle checking. At that time, a white car approached the spot and, on
noticing the police, attempted to escape. The police chased the vehicle,
whereupon the occupants abandoned the car and fled into the nearby fields.
Upon inspection of the vehicle, the police allegedly found 183.800 kilograms
of ganja packed in 86 packets, which was seized under the cover of a
mediators’ report. Based on the said seizure, the present crime was
registered. During the course of investigation, acting on reliable information,
the police apprehended Accused No.3, and on the basis of his alleged
confession, the remaining accused were arrested.
3
3. Heard Sri Sravan Kumar Naidana, learned counsel for the petitioner
and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of
the State.
4. The learned counsel for the petitioner would submit that the petitioner
herein is the accused No.1. The petitioner is innocent and is no way
concerned with the alleged offence. He has been falsely implicated in this
case. No contraband was seized from the possession of the petitioner herein.
The petitioner has been in judicial custody since, 03.10.2025. Learned
counsel for the petitioner would further submit that, though, statutory period is
already over, no report has been filed before the Special Court till date.
Learned counsel further submits that the petitioner undertakes to strictly
adhere to any conditions that may be imposed by this Court.
5. Learned Assistant Public Prosecutor would submit that the statutory
period has been completed and no report has been filed before the learned
Special Court by the concerned and no petition is filed by the concerned
Public Prosecutor seeking extension of the period of judicial custody up to
one year by indicating progress of the investigation. She would further
submit that the Court may pass appropriate orders.
6. Considering the submissions made and on perusal of the material on
record, since the statutory period has been completed and no report has
been filed before the Special Court by the prosecution till date, this Court is
inclined to enlarge the petitioner/Accused No. 1 on bail.
4
7. In the result, the Criminal Petition is allowed with the following
conditions:
i. The petitioner/Accused No. 1 shall be enlarged on bail
on executing bond for a sum of Rs.20,000/- (Rupees Twenty
Thousand only) with two sureties for the like sum each to the
satisfaction of the learned Judicial Magistrate of First Class,
Salur.
ii. The petitioner/Accused No. 1 shall not commit or
indulge in commission of any offence in future.
iii. The petitioner/Accused No. 1 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.
iv. The petitioner/Accused No. 1 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.
v. The petitioner/Accused No. 1 shall surrender his
passport, if any, to the concerned Court. If he claims that he
does not have a passport, he shall submit an affidavit to that
effect to the concerned Court.
5
vi. The petitioner/Accused No. 1, shall appear before the
concerned Station House Officer, once in a week i.e., on every
Saturday between 10:00 am and 05:00 pm, till filing of charge
sheet.
As a sequel thereto, the miscellaneous applications, if any, pending in
this Criminal Petition shall stand closed.
__________________________________________
DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Date: 15.04.2026.
UPS
626
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPACRIMINAL PETITION NO: 2544/2026
Dt.15.04.2026
UPS
