1 2026:CGHC:8871 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 266 of 2026 Vishnu Patel S/o Rajendra Prasad Aged About 25 Years R/o Teliyana Hanuman Fatak House No.A34/1627, P.S. Aadampur, District- Varanasi (U.P.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Chowki- CSEB P.S. Civil Line Korba District - Korba (C.G.) (Wrongly Mentioned As Civil Line Rampur District- Korba ) In some Portion Of Order Sheet ... Non-applicant For Applicant : Mr. Ashutosh Biswas through Video Conferencing, Advocate. For Non-applicant/State : Ms. Ritika Verma, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 19.02.2026 1. The Applicant has preferred this 1st anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.511/2025, registered at Police Station – Civil Line, Korba, SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.02.20 15:45:44 +0530 2 District Korba (C.G.) for alleged commission of offence punishable under Section 21(b) of the NDPS Act. 2. As per the prosecution story, on 19.08.2025 at about 06:30 hours, the co-accused persons were allegedly apprehended at Budhwari Market vehicle parking area, Korba, on the basis of secret information received by the police regarding possession and sale of prohibited narcotic/psychotropic substances. It is alleged that, owing to apprehension that the suspects might escape, the police party conducted a search without obtaining a search warrant, purportedly in the presence of independent witnesses. During the said search, certain quantities of tablets and capsules containing Alprazolam, Tramadol, Dicyclomine and Acetaminophen were allegedly recovered from the possession of the co-accused persons on the basis of which the present crime was registered against them under the relevant provisions of law. Subsequently, during investigation, on the basis of the memorandum statement of co-accused Ajay Kumar Kannojiya, the present Applicant came to be implicated in the case. It is alleged that the said co-accused stated that a portion of the alleged contraband had been purchased from the medical shop of the present Applicant. After completion of investigation, charge-sheet has been filed against the 3 Applicant and other co-accused persons, wherein the present applicant has been shown as an absconding accused. Hence, this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is contended that the Applicant has been arrayed as an accused solely on the basis of the memorandum statement of a co-accused and that no contraband has been recovered from his possession, nor has any incriminating document relating to sale of narcotic substances been seized from him. It is further submitted that the Applicant is the proprietor of a duly licensed medical shop and the medicines referred to in the case are scheduled drugs legally dealt with under a valid licence. It s contended that the Applicant has no criminal antecedents, he has wrongly been shown as absconding, though no notice or attempt was made by the police to contact or arrest him and he continues to use the same mobile number. It is also submitted that the Applicant was not named in the FIR and he was suffering from a fracture in his leg and was under medical treatment and his custodial detention would adversely affect his health. It is pointed out that a co-accused has already been granted bail by this Hon’ble Court and therefore, on the ground of parity 4 as well, the Applicant deserves protection. Lastly, it is submitted that there is no likelihood of the Applicant tampering with evidence or influencing witnesses and he is ready to cooperate with the investigation, therefore, he may be granted the benefit of anticipatory bail. 4. On the other hand, learned State Counsel opposes the prayer for anticipatory bail. 5. Recently the Hon’ble Supreme Court in the matter of Anarul SK v. The State of West Bengal {SLP (Crl.) No(s). 12621/2024 has observed that the grant of anticipatory bail in cases involving Narcotic Drugs and Psychotropic Substances (NDPS) is a very serious issue. 6. In the light of observation made by the Hon’ble Supreme Court in Anarul SK (supra), I do not find any good ground to entertain this anticipatory bail application. Accordingly, the present anticipatory bail application is dismissed. 7. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Priya