Ram Pravesh Gupta @ Ram Pravesh Sah v. The Union Of India Through Senior Intelligence Officer, Directorate Of Revenue Intelligence

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44148 of 2023 Arising Out of PS. Case No.-17 Year-2022 Thana- D.R.I District- Patna ====================================================== Ram Pravesh Gupta @ Ram Pravesh Sah S/O Jamadar Gupta @ Jamadar Sah R/O Jadopur, P.S- Harsiddhi, Distt.- East Champaran, ... ... Petitioner/s

Versus

The Union of India through Senior Intelligence Officer, Directorate of Revenue Intelligence Regional Unit Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the DRI :

Mr.K.N Singh(Asg) :

Mr.Anshuman Singh Sr. SC, DRI :

Mr. Ranjay Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner and learned counsel for the D.R.I.

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

3. As per prosecution case, it is alleged that the petitioner was apprehended by Intelligence Officer, DRI RU, Patna at Amar Jyoti Petrol Pump, Bairiya Bus Stand, Muzaffarpur from whose possession, 45 as alleged fake Indian currency in the denomination of Rs. 2000/- having face value of Rs. 90,000/- were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted vide

Patna High Court CR. MISC. No.44148 of 2023(5) dt.22-01-2024 2/2 para 12 of the petition that as per FSL Report No. 2171 of 2022 Patna dt. 21.10.2022, it is found the as alleged seized notes are scanned copies of genuine Indian notes of denomination of Rs. 2000/-. The complainant has failed to establish in his complaint petition about the smuggling of the FICN from any foreign country. The petitioner has got only one criminal antecedent in which he was convicted by Addition Sessions Judge, 1st Siliguri, West Bengal. It is further submitted that the petitioner is languishing in judicial custody since 2.10.2022.

5. Learned counsel appearing for the D.R.I. has opposed the prayer of regular bail and submitted that the petitioner is a habitual offender.

6. Considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with CA 365(O)/2022 (DRI Case no. 17/2022-23) on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Spl.Judge Economic Offence Court, Patna. (Sunil Kumar Panwar, J) Amandeep/- U T