CRLP/16771/2026 of Bikash Haldar Vs The State of Telangana on 16 October 2026

ORDER

1. This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) praying this Court to enlarge the petitioner on bail who is arrayed as accused No.6 in connection with SC.NDPS No.42 of 2026 on the file of I Additional District and Sessions Judge, Bhadradri Kothagudem District for the offence punishable under Section 8(c) read with Section 20(b)(ii)(c) and 27(A) of the NDPS Act

2. Heard Sri S.M.Rizwan Akhtar, learned counsel for the petitioner-accused No.6 and Sri D. Arun Kumar, learned Additional Public Prosecutor appearing for the respondent–State.

3. Learned counsel for the petitioner submits that petitioner- accused No.6 is innocent and has no knowledge about the alleged offence, he is arrested and remanded to judicial custody on 08.04.2026 and he is in judicial remand since more than 180 days, supplementary charge sheet is filed and there is no necessity for keeping the petitioner-accused No.6 in jail. Entire case against the petitioner-accused No.6 rests solely on the confessional statement of accused Nos.1 to 5. Petitioner-accused No.6 is a daily wage labour, who makes his living on day-to-day basis as an agricultural labourer. Bail applications filed by the petitioner-accused No.6 before the learned Sessions Court came to be dismissed on several dates and also filed bail applications before this Court, they also came to be dismissed and the last dismissal order is 15.09.2026. Supplementary charge sheet came to be filed before the concerned Court and the same is numbered as SC.NDPS.No.42 of 2026 on 25.09.2026 as per his information from E-Courts and prayed to enlarge the petitioner-accused No.6 on bail.

4. Learned Additional Public Prosecutor submits that the role played by the petitioner-accused No.6 is shown in the

supplementary charge sheet. Hence, he is not entitled to be enlarged on bail.

5. B.Sai Kishore Reddy, SI of Police, has lodged a complaint before P.S., Dammapet, about searching of vehicle and they found dry Ganja, wherein five male persons were carrying and were transporting the same, the total net weight is 85.540 kgs (per Kg 50,000/-) total worth Rs.42,77,000/-. Basing on the complaint, FIR came to be registered under different Sections of the NDPS Act.

6. Petitioner-accused No.6 has filed Crl.P.No.9994 of 2026 before this Court for grant of regular bail, which came to be dismissed on 13.07.2026 holding that huge commercial quantity is involved. Petitioner-accused No.6 has filed Crl.P.No.11561 of 2026 for grant of regular bail, which also came to be dismissed on 05.08.2026 holding that there is no change in circumstances. Petitioner-accused No.6 has also filed Crl.P.No.13943 of 2026 for grant of regular bail, which also came to be dismissed on 15.09.2026 with an observation that supplementary charge sheet is already filed against the petitioner-accused No.6 prior to the dismissal of the bail application on 05.08.2026.

7. Petitioner counsel has filed copy of the charge sheet which is filed before the learned trial Court and counsel submits that as per his information from E-Courts, supplementary charge sheet came

to be filed on 25.09.2026. The last dismissal order is on 15.09.2026.

8. Petitioner counsel submits that accused Nos.1 to 5 were enlarged on bail by the learned Sessions Court in SC.NDPS.No.2 of 2026 which is not disputed by the learned Additional Public Prosecutor.

9. Since supplementary charge sheet came to be filed, the question of the petitioner-accused No.6 influencing the witnesses does not arise.

10. This Court is conscious of the fact that petitioner-accused No.6 is resident of Odisha State, if local sureties are ordered will meet ends of justice. Hence, petitioner-accused No.6 is entitled to be enlarged on bail, subject to the following conditions: i. The petitioner-accused No.6 shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two local sureties for a like sum each to the satisfaction of the learned Special Sessions Judge for the Trial of Cases under Narcotic Drugs and Psychotropic Substances Act- cum-I Additional Sessions Judge at Kothagudem. ii. The petitioner-accused No.6 shall appear before the learned Sessions Court as and

when the case is posted, in exigencies the counsel on record before the Sessions Court is permitted to file dispense petition dispensing the appearance of the petitioner-accused No.6. iii. Petitioner-accused No.6 shall cooperate till the disposal of the SC. iv. The petitioner-accused No.6 shall abide by the conditions stipulated in Section 437(3) of Cr.P.C.(presently, Section 480(3) of the BNSS). v. The petitioner-accused No.6 shall not directly or indirectly influence, threaten, or induce any of the prosecution witnesses. vi. It is made clear that if any of the above conditions are violated, the prosecution is at liberty to file an application for cancellation of the bail.

11. Accordingly, the Criminal petition is allowed.

Miscellaneous applications, if any pending, shall stand closed.

______________________________ B.R.MADHUSUDHAN RAO, J

Date:16.10.2026 pss

THE HON’BLE SRI JUSTICE B.R.MADHUSUDHAN RAO

CRIMINAL PETITION No.16771 of 2026 (CNR.No. HBHC010705852026) DATE: 16.10.2026

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