Raghunath Saw @ Raghunath Sah @ Raghunath Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53387 of 2025 Arising Out of PS. Case No.-44 Year-2024 Thana- HULASGANJ District- Jehanabad ====================================================== Raghunath Saw @ Raghunath Sah @ Raghunath Sao(male) aged about 45 years, S/o Late Mithai Sao @ Late Mithai Saw R/o Village - Raraiyahi, P.O - Kumaiya, P.S - Tajpur, District - Samastipur, Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashwat Sahil Singh, Advocate Mr. Saurabh Kumar, Advocate Mr. Swarnima, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the third prayer for regular bail of the petitioner. First prayer for regular bail of the petitioner was rejected by this Court vide order dated 31.07.2024 in Cr. Misc. No.35826 of 2024 with an observation that petitioner will be at liberty to renew his prayer for bail after completion of one year custody period and the second prayer for regular bail of the petitioner was dismissed as withdrawn.

3. The petitioner is in custody in a case registered for the offences punishable under Sections 20(b) (ii), 8(C)of the NDPS Act.

4. As per the allegation in the FIR, 7 kg. Of Ganja has been recovered from the possession of the petitioner.

5. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.53387 of 2025(2) dt.06-08-2025 2/2 petitioner has falsely been implicated in this case. He further submits that nothing has been recovered from the conscious physical possession of the petitioner and signature of the petitioner has forcibly been taken on the seizure list. He further submits that the allegation as alleged against the petitioner is general and omnibus in nature. He next submits that recovered Ganja is only 7 kg i.e. below the commercial quantity. He further submits that petitioner has got no criminal antecedent and he is in judicial custody since 17.02.2024.

6. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

7. In the light of the aforesaid submission made by learned counsel for the petitioner, let the above named petitioner be released on bail, on his furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Principal District and Sessions Judge, Jehanabad in connection with Hulasganj P.S. Case No.44 of 2024.

(Ramesh Chand Malviya, J) Harshita/- U T