Patna High Court

Khokan Swarnakar @ AalooversusThe Union of India through Nilay Mitash, Senior Intelligence Officer DRI, Regional Unit, Patna

Decided: 30 March 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was refused.

Summary

The petitioner, Khokan Swarnakar, sought anticipatory bail in a customs case alleging offences under Sections 135(1)(a) and 135(1)(b) of the Customs Act for alleged involvement in gold smuggling. The prosecution’s case is based on statements of co‑accused who claimed they purchased seized gold bullion from the petitioner and that he communicated with them via WhatsApp, while also noting his failure to appear despite summons under Section 108. The petitioner contended that he is a jeweller turned transport service provider, has no incriminating articles in his possession, and maintains a clean antecedent. The DRI opposed bail, emphasizing the seriousness of the allegations and the petitioner’s non‑cooperation. The Court, after considering the gravity of the accusation and the petitioner’s conduct, refused the anticipatory bail application.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the Customs Act in view of the allegations and his alleged non‑cooperation with the investigating authority.

Legislation cited

Customs Act — s. 108, 135(1)(a), 135(1)(b)

Subjects

anticipatory bail
Customs Act
gold smuggling
Section 108
non‑cooperation
bail refusal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84854 of 2025
                           Arising Out of PS. Case No.-29 Year-2024 Thana- D.R.I District- Patna
                 ======================================================
                 Khokan Swarnakar @ Aaloo Son of Laxman Swarnakar Resident of B. S.
                 Road English Bazar, Malda, West Bengal

                                                                                      ... ... Petitioner/s
                                                 Versus
                 The Union of India through Nilay Mitash, Senior Intelligence Officer DRI,
                 Regional Unit, Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Shri Prakash Tiwari, Advocate
                 For the State            :         Dr. Krishna Nandan Singh (A.S.G.)
                 For the DRI              :         Mr. Amit Pandey, Sr. Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

6   30-03-2026                    Heard learned counsel for the petitioner, opposite

                   party no. 2 and the State.

                                 2. Petitioner apprehends arrest in Complaint Case No.

                   20(O) of 2024 arising out of DRI, Patna Unit Case No. 29 of

                   2023-24 registered for the offences punishable under Sections

                   135(1)(a), 135(1)(b) of the Customs Act.

                                 3. As per the prosecution case, on secret information

                   regarding gold smuggling from Malda to Patna by a train, an

                   inspection was made and co-accused Kaushal Yadav, Upendra

                   Manjhi and Deepak Kumar were apprehended from Train No.

                   20501 at Patna Junction Railway Station with 22 pieces of gold

                   bullion, mobile phones, sims and cash. The apprehended

                   accused persons disclosed the name of this petitioner as one of
Patna High Court CR. MISC. No.84854 of 2025(6) dt.30-03-2026
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          their associates.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has committed no offence. Name of

          the petitioner transpired during course of investigation in

          confessional statement of the apprehended co-accused persons.

          As a matter of fact, petitioner is an artisan of gold jewelley who

          used to own a jewellery shop in Malda, West Bengal and used to

          accept orders from different customers for specialized work of

          Meena in gold and silver jewellery but after 2017, he switched

          over in transport services. No incriminating article has been

          recovered from the possession of petitioner and he has got no

          concern with the alleged recovery. Petitioner claims clean

          antecedent.

                       5. Learned counsel for the DRI vehemently opposed

          the bail application and submitted that the apprehended accused

          persons admitted purchasing the seized gold bullion from this

          petitioner after paying Rs. 1,61,00,000/- in cash. Petitioner used

          to communicate with the co-accused persons on WhatsApp

          through a mobile number, registered in his name. Moreover,

          despite repeated issuance of summons under Section 108 of the

          Customs Act, petitioner deliberately failed to appear before the

          investigating authority.
              Patna High Court CR. MISC. No.84854 of 2025(6) dt.30-03-2026
                                                          3/3




                                     6. Considering the nature and gravity of accusation,

                        conduct and non-cooperation of the petitioner in investigation,

                        prayer for anticipatory bail of the petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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