Chokat Yadav v. The Union Of India Through Intelligence Officer, D.R-Ii, Patna

Patna High Court Cr.Misc. No.57523 of 2015 (2) dt.13-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57523 of 2015 Arising Out of PS.Case No. -37 Year- 2013 Thana -GOVERNMENT OFFICIAL COMP. DistrictPATNA ====================================================== Chokat Yadav, Son of Late Mukhlal Yadav, Resident of village- Basantpur, P.S.- Mainatad, District- West Champaran.

.... .... Petitioner/s

Versus

The Union of India through Intelligence officer, DR-II, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Devendra Kumar (SC/ DR 1) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-01-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Economic Offence Complaint Case No. 37(C) of 2013 registered under Section 135(1)(a)(b) of the Customs Act, 1962. Learned counsel for the petitioner submits that earlier the prayer for bail of the petitioner was refused vide order dated 20.05.2015 passed in Cr. Misc. No. 48451 of 2014 by this Court with direction to the trial court to conclude the trial of the petitioner within six months. If the trial is not concluded within a period of six months, the petitioner would be at liberty to renew his prayer for bail. It is further submitted that six months has been

Patna High Court Cr.Misc. No.57523 of 2015 (2) dt.13-01-2016 lapsed after passing the order dated 20.05.2015 and the petitioner is in custody since 01.03.2013. It is further submitted that while the charge has been framed against the petitioner but only one prosecution witness has partly been examined. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special court of Economic Offence, Patna, in connection with Economic Offence Complaint Case No. 37 (C) of 2013. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T