Shalu Yadav @ Salu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85700 of 2024 Arising Out of PS. Case No.-321 Year-2024 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Shalu Yadav @ Salu Yadav Daughter of Munna Yadav Resident of Village - Barka Bariadar, P.S. - Chiraiyakot, District - Mau (U.P.) ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Babu Nandan Prasad, Advocate For the Opposite Party/s :
Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 20(b) (ii) (c), 22, 27A and 29 of the NDPS Act.
3. The case of the prosecution is that altogether 4.150 K.G. of 'ganja' like material was recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. During the course of argument, learned counsel for the petitioner, on perusal of the seizure list, submits that it transpires that seizure was made beside a canal from the 'bushes'. It is further submitted that the
Patna High Court CR. MISC. No.85700 of 2024(3) dt.20-03-2025 2/2 seizure list does not bear the signature of Gazetted Officer as such, the mandatory provision of NDPS Act has not been followed. Petitioner is a lady and the quantum of contraband which has been seized from the petitioner is more than small quantity but is much lest than commercial quantity. Moreover, the petitioner is languishing in judicial custody since 06.08.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sasaram (Muffasil) P.S. Case No. 321 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1, Rohtas at Sasaram. (Ashok Kumar Pandey, J) Jagdish/- U T