2023 (7) TMI 327 - HC - Customs

Seeking grant of bail - illegal possession of 2 kg of Gold bullion - bag belonging to petitioner or not - HELD THAT - Considering the facts and circumstances of the case and the fact that petitioner bears the clean antecedent and charge-sheet has been submitted in this case against the petitioner, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with the conditions imposed - application allowed.

Summary

Issues involved: Bail application in connection with a case u/s 135(1)(b) of the Customs Act, 1962 for illegal possession of 2 kg of Gold bullion.

Summary:

The petitioner sought bail in a case related to the illegal possession of 2 kg of Gold bullion valued at Rs. 1,14,89,654/- under Section 135(1)(b) of the Customs Act, 1962. The defense argued that the petitioner, with a clean antecedent, was falsely implicated, and there was a lack of incriminating evidence linking the petitioner to the recovered items. The defense also highlighted non-compliance with Section 100 of the Cr.P.C. The prosecution, represented by the DRI, opposed the bail application, citing the petitioner's admission of guilt and the proper legal procedures followed during the investigation. The court, considering the petitioner's clean antecedent and the submission of a chargesheet, granted bail on certain conditions, including cooperation in the trial and non-tampering with evidence or witnesses. The court also mandated verification of the petitioner's criminal antecedent, with provisions for bail cancellation if any concealment is found.

In conclusion, the petitioner was granted bail upon furnishing a bail bond of Rs. 10,000/- with two sureties, subject to conditions ensuring trial cooperation and evidence integrity, along with verification of criminal antecedents.