1 2026:CGHC:21187 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3085 of 2026 • Bhoundu Patel @ Pankaj Patel S/o Shri Shivnarayan Patel Aged About 28 Years R/o Village- Bahadurpur (Wrongly Written As Bahadarpur), Police Station- Sarbai, District- Chhatarpur (M.P.) ... Applicant(s) versus • State of Chhattisgarh Through - The Station House Officer Police Station- Singhoda, District- Mahasamund (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Shikhar Sharma, Advocate For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.05.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 76/2025, registered at Police Station – Singhoda, District – Mahasamund (C.G.) for the offence punishable under Section 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story, in brief, is that on 12-09- 2025, when the police was on patrolling, at that time, received information from one VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.07 17:25:18 +0530 2 informer that three persons traveling in TATA Arya Vehicle bearing Registration Number MP-15/CA-9988 and they are carrying illegal contraband Ganja along with them and they are coming from Odisha towards Chhattisgarh and after receiving the said information, the police stopped the vehicle and found three persons traveling on the said vehicle and after searched found total 11 KGs contraband ganja from their possession. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted that from the possession of the applicant intermediate quantity of the psychotropic substance ganja has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 20 kgs and from the possession of the applicant only 11 Kgs of Ganja has been seized from the joint possession of the applicant and other co-accused persons. It is further submitted that co-accused persons have already been granted bail by this Court in MCRC No.8817 of 2025 vide order dated 22.01.2026 and there are no any criminal antecedents of the applicant, and he is in jail since 12.09.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case and there are no any criminal antecedents of the applicant and he is resident of the State of the Madhya Pradesh. It is submitted that a total of 11 Kgs of Ganja has been recovered from the joint possession of the applicant and co-accused persons. He could 3 not dispute the fact that co-accused persons have already been granted bail by this Court in MCRC No.8817 of 2025 vide order dated 22.01.2026. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of Ganja seized from the possession of the applicant i.e. a total of 11 Kgs, which is less than the commercial quantity. Also considering the fact that co-accused persons have already been granted bail by this Court in MCRC No.8817 of 2025 vide order dated 22.01.2026 and charge-sheet has been filed, and further that the applicant is in jail since 12.09.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the applicant, Bhoundu Patel @ Pankaj Patel, involved in Crime No.76/2025, registered at Police Station – Singhoda, District – Mahasamund (C.G.) for the offence punishable under Section 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, be released on bail on their furnishing a personal bond with two local sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with 4 law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaishali