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2026 DAILYLAW 21989 (CHH)

DHIRAJ KUMAR SINGH v. STATE OF CHHATTISGARH

MCRC/3423/2026 · 2026-06-15

Public Interest Litigationbody2026

Judgment text

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1 2026:CGHC:24120 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3423 of 2026 • Dhiraj Kumar Singh S/o Late Sarju Singh Aged About 36 Years R/o Turki Bajar Baradih Bridge, P S Agrer Sasaram, Distt Rohtas Bihar ... Applicant(s) versus • State of Chhattisgarh Through Arakshi Kendra - Balrampur, Distt Balrampur-Ramanujganj Chhattisgarh ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Dev Ashish Biswas, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/06/2026 1. This is the first 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.114/2025 registered at Police Station Balrampur Distt.- Balrampur-Ramanujganj (C.G.), for the offence punishable under Section 20(b)(ii)(b), 27(A), 29 of NDPS Act and Section 61(2) of BNS. 2. Case of the prosecution, in brief, is that on 27/8/2025 Sub Inspector Sudhir Turkey received information TinKey that. At Daldhowa ghat, a tractor had met with an accident and has felt down in a nearby stream (Nala) in which Cannabis was being transported which was VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA SAIFAN KHAN Digitally signed by SAIFAN KHAN 2 scattered around and the driver had sustained injuries. Upon reaching the place of accident and inquiring the injured driver named Anuj Kumar, he stated that he had come from Orissa with the cannabis and was traveling to Sasaram dist. Rohtas Bihar, upon inquiring he stated that the tractor and the cannabis belonged to co accused Ranjan who were piloting along with him in white coloured Brezza car, upon investigation it was found that inside the trailer there were 8 to 10 packets hidden and about 8-10 packets were floating on the water, in total 89 packets (125.51 kg) of cannabis was seized. Based on the memorandum statement of co accused Ranjan Shrivastava the applicant was arrested for the offence under Section 22(b)(ii)(c), 27(A), 29 of NDPS act and sec 61(2) of BNS. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the applicant was not present at the time of incident and had not committed any offence. It is also submits that applicant has been arrested based on the memorandum statement of the Ranjan Shrivastava (Co-accused) and no contraband was seized from applicant’s possession, the only seizure from the applicant was his mobile phone. He later submits that the applicant has two criminal antecedent and details of the same are mentioned in the bail application at paragraph No.4(a) and he is in jail since 12.01.2026 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, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and submits that the applicant has two criminal antecedent and details of the same are mentioned in the bail application at 3 paragraph No.4(a). He further submits that from the possession of the applicant one mobile phone has been recovered and from the memorandum statements of the applicant and other co-accused persons it is quite evident that the applicant and other co-accused persons are involved in illegal sale and purchase of contraband (Ganja) and, even otherwise, the contraband article (ganja), which has been seized in the present case is around 125.51 Kg, which is more than commercial quantity, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the case diary, it transpires that on 27.08.2025, a tractor driven by co-accused- Anju Kumar overturned at Daldhawa Ghat, due to which, illegal contraband- Marijuana (Ganja), which was kept inside the trolley of said tractor, fell down and spread all over. Thereafter, when police reached to the spot, they found the driver of the said tractor- Anju Kumar (co-accused) in injured condition, who informed that the illegal contraband- Marijuana (Ganja) and said tractor belongs to co-accused- Ranjan Shrivastava and the said contraband was being transported from Odisha to Bihar under piloting follow of a white Brezza Car. Further, around 125.51 Kg of contraband was recovered from the said tractor, which is more than the commercial quantity. Moreover, as per the memorandum statement of co-accused- Ranjan Shrivastava it is clear that he alongwith the applicant herein has purchased the contraband in Odisha and by means of tractor in question they were trying to sell the said contraband in different parts of Sasaram (Bihar), which is an organized crime and, therefore, it cannot be said that it is a case of 4 false implication and, even the trial is also in progress. Consequently, under these circumstances, this Court is not inclined to release the applicant on bail. 7. Accordingly, the bail application of the applicant- Dhiraj Kumar Singh involved in Crime No.114/2025 registered at Police Station Balrampur Distt.- Balrampur-Ramanujganj (C.G.), for the offence punishable under Section 20(b)(ii)(b), 27(A), 29 of NDPS Act and Section 61(2) of BNS is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/-- (Ramesh Sinha) Chief Justice Vaishali