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Patna High CourtCR. MISC./12475/2023allowed

Pankaj Prasad Verma v. The Union Of India Through The Directorate Of Revenue Intelligence, Patna.

2023-07-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12475 of 2023 Arising Out of PS. Case No.-22 Year-2022 Thana- D.R.I District- Patna ====================================================== PANKAJ PRASAD VERMA Son of Late Yogendra Prasad Verma Resident of village - Near Ajrasen Bhawan Laxmania More, P.S.- Jhania, District - Dhanbad - 828111. Ward No.- H- 3 ... ... Petitioner/s

Versus

The Union of India through the Directorate of Revenue Intelligence, Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.K.N.Singh (A.D.S.G) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 135(1)(b) of the Customs Act.

As per FIR, the petitioner and co-accused persons were apprehended on the spot having illegal possession of 2 kg Gold Bullion worth of Rs. 1.14,89,654/-.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused, which does not got evidentiary value in the eye of law. The petitioner has no

Patna High Court CR. MISC. No.12475 of 2023(3) dt.11-07-2023 2/2 concern with the alleged recovery nor recovered article belongs to him. He has got no criminal antecedent. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 06.06.2023 passed in Cr. Misc. No. 10627 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 10.12.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Complaint Case No. 377(o) of 2022 arising out of DRI Patna Unit Case No. 22 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna.

(Sunil Kumar Panwar, J) lata/- U T