Patna High Court
Ram Chandra ThakurversusThe Union Of India
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner subject to a bond of Rs 10,000 and two sureties, on condition of cooperation in the trial.
Summary
Ram Chandra Thakur, a Nepalese national, was arrested in Patna and charged under Section 135(1)(i)(c) of the Customs Act for possession of 58 counterfeit Rs.500 notes. He applied for bail, claiming false implication and no prior criminal record, while the DRI opposed, stating the notes were high‑quality counterfeits. The court noted the petitioner had been in custody since 25‑01‑2025, the offence carries a maximum imprisonment of three years, and the petitioner had no antecedents. Considering these factors, the court ordered bail on a bond of Rs.10,000 with two sureties, subject to the condition that the petitioner cooperate fully in the trial. Non‑cooperation would lead to cancellation of the bail bond.
Issues considered
- Whether the petitioner is entitled to bail under Section 135 of the Customs Act given the nature of the counterfeit currency offence and his period of custody.
- Whether the presence of high‑quality counterfeit notes justifies denial of bail.
Legislation cited
- Customs Act — s. 135(1)(i)(c)
Subjects
- bail
- Customs Act
- Section 135
- counterfeit currency
- DRI
- criminal procedure
- Patna High Court
- Nepalese citizen
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43193 of 2025
Arising Out of PS. Case No.-29 Year-2025 Thana- D.R.I District- Patna
======================================================
Ram Chandra Thakur S/o Late Manohar Thakur Village- Khajuri Chanha,
Ward No. 4, P.S.- Dhanusha, District- Janakpur, Nepal
... ... Petitioner/s
Versus
The Union Of India New Delhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Singh, Adv.
Mr. Sanjeev Kr. Singh, Adv.
For the DRI : Mr.Sanchay Srivastava, Adv.
Mr. Ankit Kr. Singh, Adv.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
10 11-03-2026 Heard learned counsel for the petitioner and learned
counsel appearing on behalf of DRI.
2. A prayer for bail has been made on behalf of the
petitioner in connection with DRI Patna Case no.29 of 2024-
2025 registered under section 135(1)(i)(c) of Customs Act.
3. There is a recovery of 58 counterfeit currency notes
of Rs. 500/- denomination from the possession of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the present case only on
the basis of suspicion. He denied any recovery being made from
his possession. Moreover, the amount of currency is not more
than Rs. 50 lakhs and the petitioner is in custody since
25.01.2025 and undertakes to cooperate in the case/trial.
Patna High Court CR. MISC. No.43193 of 2025(10) dt.11-03-2026
2/2
5. The application for bail is opposed by learned
counsel for the DRI and he has also filed counter affidavit
stating therein that currency notes recovered were of high-
quality counterfeit notes, as examined by the FSL.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that
petitioner is in custody since 25.01.2025 with no criminal
antecedent and he has been made an accused under Section 135
of the Customs Act for which punishment entails imprisonment
for three years, the petitioner is directed to be enlarged on bail in
connection with DRI Patna Case no.29 of 2024-2025 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court concerned where the case is
pending/successor Court, subject to the further condition that
petitioner shall co-operate in the trial by appearing on each and
every date fixed in the Court concerned and in case of non-
cooperation, his bail bonds would be cancelled by the concerned
Court.
(Soni Shrivastava, J)
Harsh/-
U T
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