Raeesh Sah @ Rahish Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58053 of 2025 Arising Out of PS. Case No.-102 Year-2025 Thana- KANHAULI District- Sitamarhi ====================================================== Raeesh Sah @ Rahish Sah S/O Ganaur Sah Resident of Village- Murha Dih, Ward No.1, P.S.- Kanhauli, Dist- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Kanhauli P.S. Case No. 102 of 2025, registered for the offences under Sections 8, 20(b)(ii)B of the NDPS Act and Section 25(1-B)a, 26 of the Arms Act.

3. As per the prosecution case, petitioner was apprehended with 1.1 kg Ganja and a country made loaded katta.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in this case as is apparent from the FIR. Petitioner was released on bail on 19.06.2025 and on the very next date he was again apprehended showing recovery of just above the small quantity

Patna High Court CR. MISC. No.58053 of 2025(2) dt.27-08-2025 2/3 of contraband and a country made katta loaded with one cartridge. There is no independent witness to the search and seizure and from the FIR no video recording was done in terms of provisions of the BNSS. The petitioner is victim of police highhandedness. The petitioner is in custody since 21.06.2025. The petitioner is having antecedent of three cases and he is on bail in all the cases. Charge sheet has been submitted.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the submission of charge sheet and period of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, NDPS Act, Sitamarhi/concerned court, in connection with Kanhauli P.S. Case No. 102 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.58053 of 2025(2) dt.27-08-2025 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Anuradha/- U T