ANDHRA PRADESH HIGH COURT ISSUES ORDER ON MARISETTY DURGA PRASAD V/S THE STATE OF ANDHRA PRADESH

AMARAVATI, India, Feb. 17 -- Andhra Pradesh High Court issued the following order on Jan. 16:

1. This is an application filed under Section 438 of Code of Criminal Procedure, 1973, corresponding to Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of pre-arrest bail to the Petitioner, who is arrayed as accused No.3 in Crime No.400 of 2025 of Prohibition and Excise Police Station, Rajamahendravaram South, East Godavari District, which was registered with the allegations of committing the offences under Section 7-B read with 8-B of Andhra Pradesh Prohibition (Amendment) Act, 2020.

2. The Petitioner prays for a direction to release him on Bail, in the event of his arrest.

3. Heard both sides.

4. Point for determination: Whether the Petitioner/Accused No.3 is entitled for grant of pre-arrest bail in terms of Section 482 of BNSS? If so, on what terms? Point:

5. The case of the prosecution, in brief, is that on credible information about transaction relating to Illicitly Distilled (I.D.) liquor, on 07.11.2025 there was raid near water tank, Kancharla Street, Rajamahendravaram Rural Mandal in the presence of mediators, and raid party found one female person was collecting money and giving I.D. liquor in white plastic packets and the persons were consuming the said I.D. liquor. In the presence of mediators seizure was affected. Accused Nos.1 and 2 were arrested on the spot and as per their confession they were procuring the same from the Petitioner/Accused No.3 herein and the quantity seized is 22 litres.

6. The Petitioner / Accused No.3 denied all the allegations.

7. Learned counsel for the petitioner would submit that except inadmissible confession of the co-accused, there is no other material to connect the Petitioner/Accused No.3 to the alleged offence and the Petitioner is law abiding citizen and ready to offer surety for his presence for all the legal proceedings and he has permanent roots in the society and he will be abide by any of the conditions that may be imposed.

8. Learned Public Prosecutor would submit that the supply of I.D. liquor is from the Petitioner/Accused No.3. Therefore, the Accused No.3 does not deserve grant of pre-arrest bail. However, he would submit that as per his information, there are no criminal antecedents in respect of the Petitioner/Accused No.3.

9. Upon considering the facts and circumstances of the case, the nature and depth of allegations, although it is said that some part of investigation is still pending, the prayer of the Petitioner for grant of pre-arrest bail found not objectionable, however, imposing reasonable conditions while granting the relief found necessary.

10. In the result, the Criminal Petition is allowed, on the following conditions:

1) The Petitioner/Accused No.3 shall be released on bail in the event of his arrest in respect of Crime No.400 of 2025 of Prohibition and Excise Police Station, Rajamahendravaram South, East Godavari District, which was registered with the allegation of committing offences under Section 7-B read with 8-B of Andhra Pradesh Prohibition (Amendment) Act, 2020, on the condition of Petitioner/Accused No.3 executing bail bond for Rs.10,000/- with two sureties each for a like sum to the satisfaction of the S.H.O., Prohibition and Excise Police Station, Rajamahendravaram South, East Godavari District.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63KvwFiMgkgiI9A6Ew1vew7cnsegZQBszEp1XxdLFltnYcR&caseno=CRLP/86/2026&cCode=1&cino=APHC010006182026&state_code=2&appFlag=)

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