1 CGHC010170822026 2026:CGHC:29991 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4086 of 2026 Raju Kumar Singh S/o - Manokamna Singh, Aged About 25 Years R/o- Gram Sarea Basant , P.S. - Taraiya, District- Saran (Bihar) (Correctly Mentioned) --- Applicant versus State of Chhattisgarh Through The Police Station - Chakradhar Nagar, District- Raigarh (C.G.) (Correctly Mentioned) --- Non-applicant MCRC No. 4144 of 2026 Rishan Kumar Singh S/o Suman Singh Aged About 25 Years R/o Gram Sarea Basant, P.S. - Taraiya, District- Saran (Bihar) Current Address - Rented House Of Sanju Pradhan, Gram Sariya, P.S. - Sariya, District - Sarangarh-Bilaigarh (Correctly Mentioned) --- Applicant Versus State of Chhattisgarh Through The Police Station - Chakradhar Nagar, District- Raigarh (C.G.) (Correctly Mentioned) --- Non-applicant For Applicants : Mr. Ankit Singh, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.07.2026 1. These are the first bail applications filed under Section 483 of the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.16 15:59:19 +0530 2 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 155/2026 registered at Police Station – Chakradhar Nagar, District – Raigarh (C.G.) for the offence under Sections 20(B) and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in MCRC No. 4086 of 2026 and Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 in MCRC No. 4144 of 2026. 2. As per the prosecution case, in brief, on 09.04.2026, the police of Police Station Chakradhar Nagar, District Raigarh, allegedly intercepted the present applicants while they were transporting 2 kg and 20 grams of Ganja (Cannabis) from Sariya towards Govardhanpur Bridge. It is alleged that the police apprehended the applicants, seized the aforesaid contraband from their possession, and thereafter registered an FIR against them for the offences punishable under Sections 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). 3. It has been argued by learned counsel for the applicants that the applicants have been falsely implicated in this case. He further submits that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the possession of the applicants intermediate quantity of Ganja was 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 applicants 2.20 Kgs of Ganja was seized. It is further submitted by the learned counsel for the applicants that the applicants have no criminal antecedents under the NDPS Act and they are in jail since 09.04.2026 and conclusion of the trial is likely to take 3 quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned counsel appearing for the State/non- applicant opposes the bail application and submits that the charge-sheet has been filed before the competent Court. He further submits that, in compliance with this Court's order dated 04.05.2026, the concerned Police Station sent a letter to the authorities in the State of Bihar seeking information regarding the criminal antecedents of the applicants. However, the report pertaining to the applicants' criminal antecedents has not yet been received. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, particularly the fact that the contraband article, i.e., 2.20 kgs of Ganja, was allegedly recovered from the joint possession of the applicants, which is less than the commercial quantity, and further considering that, despite sufficient time having been granted to the learned State counsel to obtain information regarding the criminal antecedents of the applicants from the State of Bihar, no such information has been placed on record, coupled with the fact that the charge-sheet has already been filed before the competent Court, the applicants have been in judicial custody since 09.04.2026, and the conclusion of the trial is likely to take considerable time, this Court is of the considered opinion that the applicants are entitled to be released on bail. 7. 7. Let the Applicant – Raju Kumar Singh and Rishan Kumar Singh, involved in Crime No. 155/2026 registered at Police Station – Chakradhar Nagar, District – Raigarh (C.G.) for the offence under 4 Sections 20(B) and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in MCRC No. 4086 of 2026 and Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 in MCRC No. 4144 of 2026, be released on bail on furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 5 the trial court absence of the applicants are 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 them in accordance with law. 8. 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 Abhishek