Bhupendra Singh @ Bhupindra Singh v. The Union Of India Through Commissioner Of Custom, 5th Floor Cr Building, Birchand Patel Marg, Patn

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 56808 of 2017 Arising Out of PS.Case No. -59 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictPATNA ====================================================== BHUPENDRA SINGH @ BHUPINDRA SINGH S/o Late Mohan Singh, R/o A-34 Ranjit Avenue, Amritsar, P.S.- Civil Line, District- Amritsar. .... .... Petitioner/s

Versus

The Union of India Through Commissioner of Custom, 5th Floor CR Building, Birchand Patel Marg, Patna.

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

For the Petitioner/s : Mr Ajay Kumar Thakur, Advocate with M/s Shashank Shekhar, Pravin Kr, Ritesh Kr & Rituraj Kr, Advocates For the Opposite Party/s : Mr Anjani Kumar Sharan, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 22-12-2017 Heard counsel for the petitioner as also the counsel for the customs.

The petitioner is an accused in respect of offences registered under Section 135 (1) (b) of the Customs Act, 1962. It is submitted on behalf of the petitioner that the petitioner is innocent and has falsely been implicated in this case. He submits that the entire prosecution story is wrong and incorrect. He submits that even if the recovery of gold seized from the possession of the petitioner is taken to be true on its face value, the same does not exceed to Rs 1 crore and, as such, the offence is bailable and he prays for bail. It is further submitted

Patna High Court Cr.Misc. No.56808 of 2017 (5) dt.22-12-2017 2/2 that the petitioner has no criminal antecedent prior to the instant case. It is an admitted position that enquiry in this case has been completed and complaint has been lodged post sanction and the petitioner is in custody since 20.10.2017.

Considering the aforesaid submission, petitioner's prayer for bail is allowed. The petitioner would be obliged to give undertaking to ensure his presence as and when required before the authorities or in the case. Petitioner could be released after submission of such undertaking and on submission of bail bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, NIA -cumAdditional Sessions Judge IV, Patna in connection with Case No 59 (c) of 2017 arising out of Custom Unit Case No 18 of 20172018 subject to the condition that one of the bailors shall be close relative of the petitioner having sufficient property. (Madhuresh Prasad, J) M.E.H./- U T