THAKURRAM PATEL vs STATE OF CHHATTISGARH

Court
Chhattisgarh High Court

1

CGHC010337162026 2026:CGHC:38827
NAFR
KUNAL
DEWANGAN
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally
signed by
KUNAL
DEWANGAN
MCRC No. 8118 of 2026
Thakurram Patel S/o Gopichand Patel Aged About 24 Years R/o Village
Koliyaridih, Thana Saraipali, Distt. Mahasamund, Chhattisgarh.
... Applicant(s)
versus
State Of Chhattisgarh Through Station House Officer, P.S. Saraipali,
Distt. Mahasamund, Chhattisgarh.
... Non-applicant(s)
For Applicant(s) : Ms. Anjali Pradhan, Advocate.
For Non-applicant(s) : Ms. Smriti Shrivastava, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
02/09/2026
1. The applicant has preferred this First Bail Application under Section
483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of
regular bail, as he has been arrested in connection with Crime No.
182/2026, registered at Police Station Saraipali, District
Mahasamund (C.G.) for the offence punishable under Section 20(b)
of the Narcotic Drugs and Psychotropic Substances Act.
2. The prosecution story, in brief, is that on 28.05.2026, the police
received secret information regarding the alleged sale of ganja.
Acting upon the said information, the police party proceeded to the

2
spot and apprehended co-accused Brahmanand Patel. Upon
search, a white plastic bag containing ganja was allegedly
recovered from his possession. The recovered contraband was
weighed and found to be 5.190 kg, which was seized by the police
in accordance with the seizure proceedings. During the course of
investigation, the police recorded the memorandum statement of co-
accused Brahmanand Patel, wherein he allegedly disclosed the
name of the present applicant Thakurram Patel, stating that he had
allegedly purchased/procured the said ganja from him for the
purpose of sale. On the basis of the said memorandum statement
and subsequent investigation, the present applicant was implicated
as an accused in the present case. After completion of investigation,
the charge-sheet has been filed against the applicant.
3. Learned counsel for the applicant submits that the applicant has
been falsely implicated in this case and no contraband article was
seized from the exclusive possession of the applicant. She further
submits that that prosecution agency has not followed the
provisions under Section 42 of the NDPS Act and not taken search
warrant from the superior authority. She also submits that from the
possession of the co-accused less than intermediate quantity of the
psychotropic substance ganja has been 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 co-accused only
5.190 kg contraband (Ganja) has been seized and the present
applicant has been implicated only on the basis of memorandum

3
statement of co-accused. It is further submitted by the learned
counsel for the applicant that the applicant has no criminal
antecedent and he is in jail since 03.08.2026 and in the present
case, charge-sheet has been filed and the conclusion of the trial is
likely to take quite long time. Therefore, she prays for grant of
regular bail to the applicant.
4. On the other hand, learned State Counsel, appearing for the
State/non-applicant, would oppose the bail application and submit
that the charge-sheet has been filed against the applicant as an
absconder before the competent Court. She further submit that the
applicant has no criminal antecedent and that the contraband article
involved in the present case is 5.190 kg of Ganja, which is less than
commercial quantity. However, considering the seriousness of the
offence and the fact that the applicant remained absconding during
the course of investigation, the present applicant is not entitled to be
released on bail.
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,
nature and gravity of the offence levelled against the applicant and
further the fact that in the present case charge-sheet has been filed
before the competent Court and the applicant has no criminal
antecedents and further considering that the quantity of contraband
allegedly recovered from the possession of the co-accused, i.e.,
5.190 kg of Ganja, is less than intermediate quantity and the
applicant has been implicated only on the basis of memorandum

4
statement of the co-accused, this Court is of the view that the
applicant is entitled to be released on bail in the present case.
7. Accordingly, the bail application of the applicant is allowed .
8. Let the applicant – Thakurram Patel, involved in Crime No.
182/2026, registered at Police Station Saraipali, District
Mahasamund (C.G.) for the offence punishable under Section 20(b)
of the Narcotic Drugs and Psychotropic Substances Act, be
released on bail on his furnishing a personal bond with two
sureties , in the like sum to the satisfaction of the Court concerned
with the following conditions:-
(i) The applicant shall file an undertaking to the effect
that he 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 applicant shall remain present before the trial
court on each date fixed, either personally or through
his counsel. In case of his absence, without sufficient
cause, the trial court may proceed against him under
Section 269 of Bharatiya Nyaya Sanhita.
(iii) In case, the applicant misuses the liberty of bail
during trial and in order to secure his presence,
proclamation under Section 84 of BNSS. is issued
and the applicant fails to appear before the court on
the date fixed in such proclamation, then, the trial

5
court shall initiate proceedings against him, in
accordance with law, under Section 209 of the
Bharatiya Nyaya Sanhita.
(iv) The applicant 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 the trial court absence of the applicant is
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 him in
accordance with law.
9. Office is directed to send a certified copy of this order to the trial
Court for necessary information and compliance. dorthwith.
- Sd/-
(Ramesh Sinha)
Chief Justice
Kunal