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2023 (9) TMI 245 - HC - CustomsSmuggling - 23 gold bullions of foreign origin - tampering of witnesses - HELD THAT:- It is an admitted fact that the said gold has not been recovered from the conscious physical possession of the petitioner, who is the brother of the apprehended co-accused. He is working in the shop of Kailash Chandra Maheshwari (owner of K.P. Bullions) and therefore, he was made accused in the present case on the allegation that he assisted the apprehended co-accused person. Apart from that, there is no specific allegation against the petitioner to tamper the witnesses. Considering that the recovered gold bullions have already been confiscated by the Customs Department and punishment for the said offence is seven years imprisonment and considering the the judgment of the Apex Court in the case of SATENDER KUMAR ANTIL VERSUS CENTRAL BUREAU OF INVESTIGATION & ANR. [2022 (8) TMI 152 - SUPREME COURT] anticipatory bail granted to the petitioner. Let the petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with DRI, Patna Unit Case No.23 of 2022-2023, arising out of Complaint Case No.376(O)/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. - Application allowed.
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