1 2026:CGHC:20981 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4149 of 2026 • Pibana Harijan S/o. Rapunga Harijan Aged About 38 Years R/o. Village Bireepod, P.S. M. Rampur, District- Kalihandi, Odisha ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, Police Station- Pendra, District Gourella-Pendra-Marwahi (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Sourabh Kumar Sharma, appears through Virtual Mode. For Respondent(s) : Mr. Souabh Sahu, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/05/2026 1. This is the Fourth bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.362/2024 registered at Police Station – Pendra, District - Gourella-Pendra-Marwahi (C.G.), for the offence punishable under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Learned counsel for the applicant submits that his First bail VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.06 17:37:26 +0530 2 application has been rejected by this Court vide order dated 19.03.2025 passed in MCRC No. 2162 of 2025, on the ground that the applicant is having one criminal antecedents under the NDPS Act and his second bail application was also rejected vide order dated 27.01.2026 in MCRC No.867 of 2026 on the same ground and his third bail application was dismissed as withdrawn, with liberty to file a fresh bail application after curing all the defects as pointed out by the Registry in MCRC No.2646 of 2026 vide order dated 23.03.2023. 3. Case of the prosecution, in brief, is that the concerned police station Pendra received secret information through the informant that on date 25.12.2024, unknown persons have kept illegal contraband ganja in their vehicle at near Benderchuwa Amau Road Tiraha, upon such information, police officials reached there and have seized 2.072 kg. contraband ganja from place of incident at open place and as a result thereof, police has registered offence publishable under Section 20 (b) of the N.D.P.S. Act against the other accused person and only on the basis of memorandum statement, the applicant has been arrested, charge-sheet has been filed and the case is pending before the learned Special Judge (N.D.P.S. Act), Bilaspur, District Bilaspur (C.G.) as Special Session Case (NDPS) No.10/2025. 4. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 17.02.2025. He would further submits that his earlier bail application has been rejected by this Court only on the ground that the applicant is having one criminal antecedents under the NDPS Act and now applicant’s previous antecedent has been decided bearing crime No.58 of 2021 for offence under Section 20(B) of NDPS registered at police Station Old Dongarpali, Raigarh decided on 26.08.2025 and 3 same is mentioned in the bail application at paragraph No.4(A) Accordingly, he prays for enlarging the applicant on regular bail. 5. Learned counsel appearing for the State/non-applicant would oppose the bail application. 6. On a query being made by this Court to the learned counsel for the applicant as to whether the applicant has been acquitted or convicted by the trial Court, he was unable to furnish any satisfactory response. It is further noted that a copy of the order passed by learned trial Court has also not been annexed with the bail application. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Considering the fact that the first bail application of the applicant was rejected by this Court vide order dated 19.03.2025 in MCRC No. 2162 of 2025 on the ground of criminal antecedents under the NDPS Act, and the second bail application was also rejected vide order dated 27.01.2026 in MCRC No. 867 of 2026 on the same ground, while the third bail application was dismissed as withdrawn with liberty to cure defects in MCRC No. 2646 of 2026 vide order dated 23.03.2026, this Court proceeds to consider the present application. It is further submitted that the applicant’s previous case in Crime No. 58 of 2021 under Section 20(B) of the NDPS Act has been decided on 26.08.2025; however, learned counsel for the applicant is unable to state whether the applicant has been acquitted or convicted, and no copy of the judgment/order has been placed on record. In the absence of clear material and proper disclosure, this Court is not inclined to grant bail to the applicant. 9. Accordingly, the bail application of the applicant – Pibana Harijan, 4 filed under Section 439 of the Cr.P.C., involved in Crime No. 362/2024 registered at Police Station – Pendra, District - Gourella- Pendra-Marwahi (C.G.), for the offence punishable under Sections 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 10. Learned counsel for the applicant is at liberty to file fresh bail application, supported by appropriate material, particularly with regard to final decision of his previous antecedent under the NDPS Act. 11. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 12. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Vaishali