IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23475 of 2009 SATYA NARAIN GUPTA Versus THE UNION OF INDIA ----------- 02 15.09.2009 Heard both sides. Sole petitioner, apprehending arrest in connection with D.R.I.Case no. 6/09 instituted under diverse Section of Customs Act read with provision of Foreign Trade (Development and Regulation) Act has sought pre arrest bail. A supplementary affidavit is said to have been filed in this case by the petitioner on 13.08.2009. The same is not on record. Office to locate the same. A copy of the said supplementary affidavit has been handed in by learned counsel for the petitioner which is placed on record mark ‘X’. With reference to annexure-2 (order according sanction), it is submitted that, on consideration of the entire materials available on record, the competent Authority has accorded sanction for prosecution of co-accused, namely, Ram Chandra Prasad (father- in-law of the petitioner). It is, thus, contended that there is no material against the petitioner justifying his arrest. On the other hand, learned counsel appearing on behalf of the Union of India, submits that petitioner was also summoned for recording his statement but he refused to appear. According to him, the presence of this petitioner before the authority is necessary in order to investigate into the allegation 2 involving illegal smuggling of Sandal wood to different countries. It is next contended that the investigation of the case has not been finally concluded as the petitioner has not till date appeared before the Investigating Authority. Having considered the submissions, this court disposes of the present application in the following manner:- Let petitioner surrender before the court below within a period of 04 weeks from today. On his such surrendering the court below shall release him on bail for a period of 08 weeks from the date of release on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the Presiding Officer, Economic Offences Court, Muzaffarpur in connection with DRI case no. 6/09. The petitioner shall appear before the Investigating Authority for recording statement and shall fully cooperate with the investigation agency. No sooner the period of 08 weeks expires, the present order granting him privilege of bail shall cease to exist. The petitioner shall, if need be, thereafter approach the court below for appropriate order. Once again this court clarifies that this bail has been granted to the petitioner for a limited period in order to enable him to appear before the authority and assist in due investigation of the case. It is further recorded that learned counsel for the union of India stated before this court that the final conclusion of the investigation shall be arrived at within 10 weeks from the 3 date of receipt/communication of a copy of this order in the court below. With this observation, this application is disposed of. Sym/ (Kishore K. Mandal, J.)