Patna High Court
Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that the petitioner is entitled to bail, subject to conditions prescribed under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Pawan Kumar, was arrested for allegedly possessing a kilogram of gold bullion concealed in his shoes, alleged to have been smuggled from Bhutan, invoking Section 135(1) of the Customs Act. He contended that he was merely a carrier, that the gold was placed in a cotton bag by another passenger, and that there was no voluntary confession or incriminating evidence, labeling the DRI witnesses as stock witnesses. The State and the Union of India (DRI) opposed bail, asserting that the gold was smuggled and worth over one crore rupees. After considering the nature of the allegation, the length of custody since July 2025, and the prosecution report, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and other directives. The bail order required a close relative as a bailor, regular court appearances, and cancellation upon non‑compliance.
Issues considered
- Whether the petitioner is entitled to bail in a case under Section 135(1) of the Customs Act.
- Whether the alleged possession of gold bullion constitutes smuggling under the Customs Act.
- Whether the prosecution evidence, including stock witnesses, justifies denial of bail.
Legislation cited
- B.N.S.S. — s. 480(3)
- Customs Act — s. 135(1)
Subjects
- bail
- Customs Act
- smuggling
- gold bullion
- Section 135
- Section 480
- DRI
- stock witnesses
- economic offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75670 of 2025
Arising Out of PS. Case No.-11 Year-2025 Thana- D.R.I District- Patna
======================================================
Pawan Kumar Son of Sri Vijay Saw, Resident of Village -Nandai, PS
-Bhadwar, Dist- Gaya.
... ... Petitioner
Versus
1. The State of Bihar.
2. The Union of India through, Intelligence, Officer, DRI, Regional Unit Patna
Bihar.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Shri Prakash Tiwari, Advocate
For the State : Mr. Vinod Shanker Modi, APP
For the DRI (UoI) : Mr. Sanchay Srivastava, Sr. SC
Mr. Ankit Kumar Singh, Jr. SC
Mr. Sushant Srivastava, Advocate
Mrs. Sonali Priya, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner, learned
counsel for the Union of India (DRI) and learned A.P.P. for the
State.
2. Learned counsel for the petitioner has furnished
a copy of the counter-affidavit in the Court itself.
3. In the present case, the petitioner seeks bail in
connection with Complaint Case No. 16(O)25, arising out of
DRI Unit Case No. 11 of 2025-26, registered for the offence
punishable under Section 135(1) of the Customs Act.
4. As per the prosecution case, petitioner was found
in possession of gold bullion weighing about one kilogram
concealed in his shoes. The gold was found to be smuggled
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from Bhutan.
5. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. Nothing incriminating has
been recovered from person or possession of this petitioner and
story of prosecution about concealing of gold in shoes of the
petitioner is unbelievable. The petitioner, like every other
passenger, was travelling from the train in which the gold was
kept in a small cotton bag by any of the passengers and the
petitioner was apprehended and made accused for possession of
the said gold. The panchnama witnesses are stock witnesses of
DRI. There is no voluntary confession by the petitioner. Learned
counsel further submits that petitioner is not the owner of the
seized gold and at most, he could be termed as a carrier. There is
nothing on record to show that the gold was smuggled. The
import of gold is not prohibited and it is a restricted commodity
subject to prescribed payment of duty and the learned counsel
referred to the case of Commissioner of Customs v. Atul
Automations Pvt. Ltd., reported in (2019) 3 SCC 539. He
further submits that for the offence alleged the maximum
punishment is up to seven years and the petitioner has remained
in custody since 14.07.2025. Learned counsel lastly submits that
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petitioner is having clean antecedent and prosecution report is
filed.
6. Learned A.P.P. appearing on behalf of the State
as well as learned counsel appearing on behalf of DRI oppose
the submissions made on behalf of the petitioner. Learned
counsel for the DRI submits that petitioner was found in
possession of smuggled gold and he has concealed it in his
shoes. The gold is worth more than rupees one crore.
7. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation and also considering his period of custody
and filing of prosecution report, the petitioner, above-named, is
directed to be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of
the like amount each to the satisfaction of learned Presiding
Officer, Economic Offence Court, Patna / concerned Court, in
connection with Complaint Case No. 16(O)25, arising out of
DRI Unit Case No. 11 of 2025-26, subject to the condition laid
down under Section 480(3) of the B.N.S.S. and other following
conditions:
(i) One of the bailors will be a close relative of the
petitioner.
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(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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