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Patna High CourtCR. MISC./4503/2015bail granted

Satendra Kumar @ Satandera Yadav v. The Union Of India Through Director Of Revenue Intelligence

2015-05-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4503 of 2015 Arising Out of PS.Case No. -5 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR ====================================================== Satendra Kumar @ Satandera Yadav son of Bhuti Yadav, resident of village Sah Tola Dakshin Telhuan, P.S. Nautan, District- West Champaran. .... .... Petitioner/s

Versus

The Union of India Through Director of Revenue Intelligence .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Sanjay Kumar (Asg) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-05-2015 Heard learned counsels for the petitioner and Customs Department.

The petitioner seeks bail in D.R.I. Case No.5 of 2014 registered under Sections 135 (1) (a) & (b) and 10A of the Customs Act.

The Custom Authorities got intelligence report on the basis of which, Rs.9,94,000/- fake currency notes were recovered from the possession of Sri Pradeep Yadav @ Ram Tapasya Yadav and Sri Ram Chhatri Yadav. Sri Pradeep Yadav @ Ram Tapasya Yadav is the brother of the petitioner Satendra Kumar @ Satendra Yadav. On the basis of recovery of fake currency notes, D.R.I. Case No.5 of 2014 was registered in which accused Pradeep Yadav @ Ram Tapsya Yadav confessed his guilt and disclosed that he and other accused persons are indulged in transporting fake currency notes through Bangla Desh territory to Indian territory at the instance of the petitioner Satendra Yadav. On the basis of the information, another consignment of fake currency notes of Rs.4,98,500/- was recovered from the possession of Sri Arjun

Patna High Court Cr.Misc. No.4503 of 2015 (7) dt.04-05-2015 2/2 Kumar and Dilip Kumar and they also confessed their guilt before the Custom Authorities. The petitioner was not apprehended on the spot nor was anything recovered from his possession. Learned counsel for the Custom Department submitted that the petitioner deposited the money in the name of Sri Pradeep Yadav @ Ram Tapasya Yadav on different dates and the money was used for purchasing fake currency notes and this shows the involvement of the petitioner in the alleged transportation of fake currency notes from Bangladesh territory to Indian territory. It appears that the petitioner was not apprehended with any fake currency notes and except the confessional statement of co-accused, there is nothing against the petitioner, who is in jail since 10.10.2014.

Considering the facts aforesaid, the petitioner, named above, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-cumP.O(Special) Economic Offences, Muzaffarpur in connection with D.R.I. Case No.5 of 2014.

(Prabhat Kumar Jha, J) ahk/- U T