Patna High Court
Manoj Singh @ Sardar Manoj SinghversusThe Union of India through the Principal Commissioner Customs, C.R Building B.C Patel Path, Patna
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner, finding no sufficient ground to deny it.
Summary
Manoj Singh was arrested in July 2025 in connection with a Directorate of Revenue Intelligence case and a customs economic offence case for alleged smuggling of gold biscuits weighing 1,982.340 grams valued at about Rs. 1.03 crore. He contended that the gold was purchased by his employees and not sourced from abroad, and that it was recovered at Gaya Junction, not an international airport. The customs and DRI authorities opposed bail, arguing the seriousness of the alleged smuggling. The court noted the petitioner’s continued custody, the absence of any allegation of evidence tampering, and the nature of the offence, and consequently allowed the bail application. Bail was granted on a bond of Rs. 10,000 with two sureties who must be blood relatives, along with passport surrender and cooperation in trial.
Issues considered
- Whether bail should be granted to the accused in a case under Sections 135(1)(a) and 135(1)(b) of the Customs Act, 1962 read with Section 3(2) of the Foreign Trade (Development and Regulation) Act, 1992.
- Whether the circumstances of custody, risk of evidence tampering, and flight risk justify denial of bail.
Legislation cited
- Customs Act, 1962 — s. 135(1)(a), 135(1)(b)
- Foreign Trade (Development and Regulation) Act, 1992 — s. 3(2)
Subjects
- bail
- economic offences
- customs act
- gold smuggling
- foreign trade act
- DRI
- seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82340 of 2025
Arising Out of PS. Case No.-14 Year-2022 Thana- D.R.I District- Patna
======================================================
Manoj Singh @ Sardar Manoj Singh S/o- Sardar Rameshwar Singh @
Rameshwar Singh R/O Mohalla- Sonpati, P.S-Sasaram, District-Rohtas
... ... Petitioner/s
Versus
1. The Union of India through the Principal Commissioner Customs, C.R
Building B.C Patel Path, Patna Bihar
2. The Assistant Director, Directorate of Revenue Intelligence Regional Unit,
Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Singh, Advocate
For the DRI/ Customs : Mr. Amit Pandey, Sr. S.C.
: Mrs. Asmita Sinha, Advocate
For the State : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 24-03-2026 Heard learned counsel for the petitioner; learned APP
for the State and learned counsel for the Customs and DRI.
2. The petitioner seeks bail in connection with DRI PS
Case No. 14 of 2022 and Economic Offence (Customs) Case
No. 361(C) of 2022 registered for the offence punishable under
Sections 135(1)(a) and 135(1)(b) of the Customs Act, 1962 read
with Section 3(2) of the Foreign Trade (Development and
Regulation) Act, 1992.
3. The recovery is of gold biscuits/bullions weighting
1982.340 grams valued at Rs. 1,03,45,832 of foreign marking.
Patna High Court CR. MISC. No.82340 of 2025(4) dt.24-03-2026
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4. The petitioner is in custody since 10.07.2025.
5. Learned counsel for the petitioner submits that the
gold was purchased by the petitioner and it is not from a third
country origin. It was purchased by his employees and it has
been recovered from Gaya Junction and not from any
International Airport.
6. Learned counsel for the customs and DRI has
vehemently opposed the prayer for bail and has submitted that
the petitioner is involved in smuggling of gold and the value of
the seized gold is Rs. 1,03,45,832/- and therefore the petitioner
does not deserve bail.
7. I have considered the submissions of the parties.
8. Considering the custody of the petitioner, the fact
that there is no allegation of tampering of evidence, this
application is allowed.
9. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Special Judge, Economic Offences, Patna/ concerned Court
below in connection with DRI PS Case No. 14 of 2022 and
Economic Offence (Customs) Case No. 361(C) of 2022, subject
to the condition that the both the bailors should be the blood
Patna High Court CR. MISC. No.82340 of 2025(4) dt.24-03-2026
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relatives of the petitioner. Further, the petitioner shall surrender
his passport, if any, at the time of furnishing the bail bonds and
shall also co-operate in the trial.
(Sandeep Kumar, J)
P. Kumar
U T
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