Shri Uma Nath v. The Union Of India Through Director Of Revenue Intelligence, Regional Unit, Patna, Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21952 of 2020 Arising Out of PS. Case No.-1 Year-2020 Thana- D.R.I District- Patna ====================================================== SHRI UMA NATH, S/O Sambhal Yadav, Resident of Village - Narhan, P.S. - Kerakat, District - Jaunpur (U.P.).

... ... Petitioner/s

Versus

THE UNION OF INDIA THROUGH DIRECTOR OF REVENUE INTELLIGENCE, REGIONAL UNIT, PATNA, BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr. K.N. Singh, Additional Solicitor General Mr. Kumar Sachin, C.G.C.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-07-2020 The matter has been taken up through virtual Court proceeding.

Defects, if any, be removed within fifteen days of the start of the physical Court.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 135(1)(b) of the Customs Act, 1962.

Four kilogram of smuggled gold was recovered from possession of the petitioner and another co-accused. Petitioner has stated on oath that he has got no criminal antecedent. Petitioner is in custody since 13.01.2020. Only material against the petitioner is his confessional statement wherein he admitted

Patna High Court CR. MISC. No.21952 of 2020(2) dt.10-07-2020 2/2 that he was involved in smuggling of golds. There is no material to substantiate that the petitioner is going to tamper with the evidence or abscond the process of law.

Learned counsel for the Union of India opposed the prayer for bail.

Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Case No. 1(C) of 2020, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T