TANKDHAR BIBHAR vs STATE OF CHHATTISGARH

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CGHC010296522026 2026:CGHC:38908
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 7049 of 2026
Tankadhar Bibhar S/o Udan Bibhar Aged About 43 Years (Correct Name
Mention) R/o Village Lohakhan, Police Station Buden, District Bargarh
Odisha, As Page No. 10 At Present R/o Baraipali, Biharipada, Police
Station Baraipali, District Sambalpur Odisha
... Applicant
versus
State Of Chhattisgarh Through Station House Officer, Police Of Police
Station G R P Raigarh, District Raigarh Chhattisgarh
... Non-Applicant
For Applicant : Shri Jitendra Shukla, Advocate.
For Non-Applicant : Miss Monika Thakur, PL.
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
02/09/2026
1. This is the first bail application filed under Section 483 of the
Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail
to the applicant who has been arrested in connection with Crime
No.4/2026 registered at Police Station GRP Raigarh, District
Raigarh (C.G.) for the offence under Sections 20 (B) & 29 of the
Digitally
signed by
KRISHNA
KUMAR
BARVE
Date:
2026.09.03
10:56:42
+0530
KRISHNA
KUMAR
BARVE

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NDPS Act.
2. The prosecution case, in brief, is that the police of GRP Raigarh
have received secret information that some persons have kept
illicit Ganja and travelling in the Utkal Train passanger. On the
basis of said information, a raid was conducted in the Utkal Train
and 3.080 KG contraband Ganaja was recovered from the
possession of other accused namely Bharat Thakur and on the
memorandum statement of the co-accused, the present applicant
has been implicated in the instant case. Hence the bail
application.
3. It has been argued by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in the crime.
Nothing has been seized from possession of present applicant
and the applicant has been roped in the alleged offence only on
the basis of memorandum statement of other co-accused
persons, though the memorandum statement of the accused has
been recorded by the police, but apart from memorandum,
nothing has been seized from possession of the applicant to
demonstrate that the applicant is involved for the commission of
alleged offences. Co-accused has already been released on bail
by this Court vide order dated 7.7.2026 passed in MCRC
No.3976/2026. The applicant does not have any criminal
antecedent. The applicant is in jail since 10.4.2026. Therefore,
the applicant may be released on bail.

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4. On the other hand, learned counsel appearing for the State/non-
applicant would oppose the bail application and submit that the
applicant has one criminal antecedent under Section 498-A of the
IPC, and the charge sheet has been submitted against the
applicant. Therefore, the bail application may be rejected.
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,
and the fact that the charge sheet has already been submitted
against the applicant, co-accused has already been released on
bail by this Court vide order dated 7.7.2026 passed in MCRC
No.3976/2026, the applicant has only one criminal antecedent
under Section 498-A of the IPC, the applicant is in jail since
10.4.2026 and conclusion of trial is likely to take some time, this
Court is of the view that the applicant is entitled to be released on
bail in the present case. Accordingly, the Application is allowed .
7. Let the Applicant – Tankadhar Bibhar, involved in Crime
No.4/2026 registered at Police Station GRP Raigarh, District
Raigarh (C.G.) for the offence under Sections 20 (B) & 29 of the
NDPS Act, be released on bail on furnishing personal bond with
two local 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,

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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 their counsel. In case of his absence,
without sufficient cause, the trial court may proceed
against them 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
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
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
Barve