The Patna High Court granted bail to the petitioners in a case involving offences under the Customs Act, Foreign Trade Act, and Indian Penal Code. The court considered the lack of recovery and antecedents while imposing strict conditions.
Release of petitioners on bail subject to furnishing a bond of Rs. 5,000/- and compliance with specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7765 of 2013 ====================================================== 1. Nishant Kumar S/O Shri Bhagwan Gupta Resident Of Mohalla- Rajendra Nagar, Road No. 4, P.S.- Kadam Kuan, District- Patna .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.8841 of 2013 ====================================================== 1. Akshaywar Chaubey S/O Shri Purushottam Chaubey Resident Of Village- Birpur, P.S. Shahpur, Distt. Bhojpur .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 4 09-04-2013 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 7, 11,46,47 of the Custom Act, 1962 read with Section 3(2) Foreign Trade (D&R) Act and Sections 353, 356, 386/34 of the Indian Penal Code. The prosecution case according to Rajan Kumar, Information Officer Revenue is that on 01.11.2012 they learnt that a consignment of Chinese Mobile and Mobile Card had been unloaded at the Railway Station. He arranged the transport for
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the seized articles on a vehicle along with a driver and two officials. However, the vehicle was surrounded by 20-25 persons and taken away. He alleged that at the time of loading and unloading of consignment out of 20-25 persons seven persons were seen and named. Subsequently, the driver of the vehicle was also made an accused being in conspiracy with the co-accused.
The present petitioners were implicated either on being named in the first information report or on subsequent material. The admitted position is that apart from an allegation that either they were seen at the railway station or that they used to order consignments from Delhi, there is no further material nor recovery from their possession and they have fair antecedents.
Considering the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Patna in connection with Hawai Adda P.S. Case No. 133 of 2012 subject to the following conditions:-
A. That one of the bailors will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to
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inform the Court if there is any change in the address of the petitioners.
B. That the affidavit shall clearly state that the Petitioners are not an accused in any other case and if they are they shall not be released on bail.
C. That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.
D. That the Petitioners will give an undertaking that they shall receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse.
E. That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.
(Anjana Prakash, J)
Mkr./-
3 issues framed by the court
Whether the petitioners qualify for release on bail in the present circumstances.
Whether the conditions imposed on the bail are sufficient to secure the appearance of the accused.
Whether the lack of tangible material and presence of antecedents warrants bail.
3 provisions across 3 enactments
Nishant Kumar
Akshaywar Chaubey
The State Of Bihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
