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Patna High Court

Pawan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.75670 of 2025(3) dt.21-01-2026
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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
Patna High Court CR. MISC. No.75670 of 2025(3) dt.21-01-2026
                                            3/4




          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.
          Patna High Court CR. MISC. No.75670 of 2025(3) dt.21-01-2026
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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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