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2023 (7) TMI 327

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..... Dated:- 26-6-2023 - HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA For the Petitioners : Mr. Ansul, Adv. Mr. Anuj Kumar, Adv. For the Opposite Partys : Mr. K.N. Singh(A.S.G.) Mr. Anshuman Singh, Sr. S.C. (Customs) ORDER Heard learned counsel for the petitioner and learned counsel appearing for the Directorate of Revenue Intelligence, Patna (for brevity DRI ). The petitioner seeks bail in connection with Complaint Case No. 377(O) of 2022 arising out of DRI Patna Unit Case No. 22 of 2022-23 dated 10.12.2022 registered for the offence under Sections 135(1)(b) of the Customs Act, 1962. The petitioner is alleged to have been apprehended having illegal possession of 2 kg of Gold bullion valued at Rs. 1,14,89,654/- Lear .....

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..... kgs. of Gold bullion has been recovered from the train beneath the birth No. 40 of Coach No. A-1 of Siyaldah-Amritsar Jaliyawala Bagh Express on which the petitioner and his subordinate are boarding but the bag in question does not belong to the petitioner as because not a single belonging or any personal document showing ownership of the petitioner on the bag in question is recovered from the alleged bag despite that he has been made accused in this case reason best known to the prosecution agency. He further contends the petitioner happens to be a man of clean antecedent and a respectable citizen and not a single case of similar nature has been lodged against the petitioner prior to the present case and he has been languishing in custody .....

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..... e satisfaction of learned Chief Judicial Magistrate, Patna in connection with Complaint Case No. 377(o) of 2022 arising out of DRI Patna Unit Case No. 22 of 2022-23 with the following conditions:- (1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below. (2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. And, further condition that the court below shall verify the criminal antecedent o .....

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