1 CGHC010288642026 2026:CGHC:32975 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6790 of 2026 Abhishek Sarthi @ Babu S/o Parmesh Sarthi Aged About 24 Years R/o Village- Sarnapara, Tahsil And P.S. Patna, District- Koriya (CG) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Patna, District – Koriya (CG) ---- Non-applicant For Applicant : Mr. Pawan Shrivastava, Advocate. For Non-applicant/State : Mr. Sumit Singh, Dy. Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Crime No.239/2024, registered at Police Station – Patna, District – Koriya (C.G.) for the offences punishable under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act. 2. The prosecution story in brief, is that the Police of Police Station – Patna, District – Koriya (C.G.) has received a secret information through the informant and on the basis of the said information, the Police authority has seized a total of 114 ml of Buprenorphine Injection and 570 ml of Avil Vial Injection from the possession of the applicant. Thereafter, the applicant was arrested and the case was registered by the Police. 3. It has been argued by the learned counsel for the applicant that the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 applicant is innocent and has been falsely implicated in this case. It is further submitted that the charge-sheet has been filed in this case. It is further submitted that so far as the status of the trial is concerned, out of 13 prosecution witnesses, 12 were examined before the trial Court and the Investigating Officer of the case was not being presented before the trial Court, but on 29.07.2026 the Investigating Officer has appeared and examined by the trial Court concerned, and it is stated that it transpires from the list-B, the trial Court has added 03 new witnesses in the present case and they are yet to be examined. The applicant is in jail since 27.09.2024. The conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that a total of 114 ml of Buprenorphine Injection and 570 ml of Avil Vial Injection has been seized from the possession of the applicant, which is above the commercial quantity. It is further submitted that the charge-sheet has been filed in this case. Hence, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. In compliance of the Court’s order dated 28.07.2026, the Director General of Police, Chhattisgarh, has filed his personal affidavit in the matter, and paragraph (iii) and (iv) of the said affidavit are quoted herein below: “(iii) It is further most respectfully submitted that, on account of non-appearance of the concerned Investigating Officer before the learned Trial Court, 3 the Superintendent of Police, District Koriya directed the concerned Investigating Officer to submit explanation immediately. Copy of the letter dated 28.07.2026 is filed and marked herewith as ANNEXURE A-2. (iv) It is respectfully submitted that the Investigating Officer namely Vinod Paswan has been produced before the learned Trial Court for evidence through the Sub Divisional Officer (Police), Baikunthpur, District Koriya (CG) on 29.07.2026. Copy of the Witness Batta Certificate dated 29.07.2026 is filed and marked herewith as ANNEXURE A-3 for kind perusal of the Hon'ble Court.” 7. Taking into consideration the fact that so far as the status of the trial is concerned, out of 13 prosecution witnesses, 12 were examined before the trial Court and the Investigating Officer of the case was not being presented before the trial Court, but on 29.07.2026 the Investigating Officer has appeared and examined by the trial Court concerned, and it is stated that it transpires from the list-B, the trial Court has added 03 new witnesses in the present case and they are yet to be examined, but considering the quantity of contraband article seized from the possession of the applicant i.e. a total of 114 ml of Buprenorphine Injection and 570 ml of Avil Vial Injection, is much above the commercial quantity, and the applicant is failed to give any explanation for the same and it could not be a case of false implication, the charge- sheet has been filed in this case, hence, this Court is not inclined to grant bail to the applicant. 8. Accordingly, the bail application of applicant – Abhishek Sarthi @ Babu, involved in Crime No.239/2024, registered at Police Station – Patna, District – Koriya (C.G.) for the offences punishable under Section 22(C) of the NDPS Act, is rejected at this stage. 4 9. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of two months from the date of passing of this order, if there is no legal impediment. 10. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar