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2026 DAILYLAW 8213 (CHH)

PIBANA HARIJAN v. STATE OF CHHATTISGARH

MCRC/867/2026 · 2026-01-26

body2026

Judgment text

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1 2026:CGHC:4403 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 867 of 2026 Pibana Harijan S/o Rapunga Harijan Aged About 38 Years R/o Village Bireepod, P.S.M. Rampur, District Kalihandi, Odisha ... Applicant versus State of Chhattisgarh Through - Station House O昀케cer, Police Station Pendra, District Gourella-Pendra-Marwahi (C.G.) ... Non-Applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-Applicant/State : Mr. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.01.2026 1. This is the second bail application 昀椀led under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 362/2024 registered at Police Station Pendra, District – Gourella-Pendra-Marwahi (C.G.), for the o昀昀ence punishable under Section 20(b) of Narcotic Drugs and Psychotropic Substances Act. 2. The earlier bail application of the applicant being MCRC No. 2162 of 2025 was rejected by this Court vide order dated 19.03.2025 on the ground that the applicant has 01 previous criminal antecedent of the similar nature, i.e. under the NDPS Act. 3. As per the prosecution story in brief, on 25.12.2024, on the basis of ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.01.29 11:02:20 +0530 2 information given by an informer, the police of Police Station Pendra, District Gaurella–Pendra–Marwahi (C.G.), conducted a search of the applicant and other co-accused persons and seized 2.072 kg of ganja from their possession. 4. Learned counsel for the applicant submits that the 昀椀rst bail application of the applicant was rejected by this Hon’ble Court on the ground that the applicant has one previous criminal antecedent of a similar nature under the provisions of the NDPS Act. It is further submitted that the applicant has been in judicial custody since 17.02.2025 and the conclusion of the trial is likely to take considerable time. On these grounds, prayer is made for grant of regular bail to the applicant. 5. On the other hand, learned State counsel opposes the bail application of the present applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Upon perusal of the pleadings and the material placed before this Court, it transpires that no new ground has been raised in the present second bail application, except the submission that the applicant has been in custody since 17.02.2025. This ground alone, in the facts and circumstances of the case, does not constitute a su昀케cient change in circumstances warranting reconsideration of the earlier rejection order. Accordingly, this Court does not 昀椀nd any justi昀椀able ground to grant bail to the applicant at this stage. Hence, the present second bail application stands rejected. 8. Accordingly, the second bail application of the applicant – Pibana Harijan, 昀椀led under Section 483 of the BNSS involved in Crime No. 362/2024 registered at Police Station Pendra, District – Gourella-Pendra- Marwahi (C.G.), for the o昀昀ence punishable under Section 20(b) of 3 Narcotic Drugs and Psychotropic Substances Act, is rejected. 9. O昀케ce is directed to send a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek