IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35067 of 2009 BIRENDRA PRASAD GUPTA, SON OF SRI JAMUNA SAH, RESIDENT OF SURSAND, P.S. SURSAND, DISTRICT SITAMARHI. ----- PETITIONER Versus THE UNION OF INDIA THROUGH THE COMMISSIONER OF CUSTOMS, C.R. BUILDING, B.C. PATEL PATH, PATNA, BIHAR. ----- OPPOSITE PARTY For the petitioner :- Mr. S.P. Tiwari, Advocate For the Union of India :- (Mrs) Nivedita Nirvikar, Advocate (Mrs) Archana Sinha, Advocate ----------- 3 30.11.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the Customs. Petitioner is apprehending his arrest in a case under Section 135 of the Customs Act, 1962. Learned counsel for the petitioner submits that after investigation he was issued notice and on his appearance, the Commissioner has found that the petitioner cannot be said to have had knowledge that smuggled goods were being carried on his truck. Learned counsel for the Customs submits that the facts reveal that in fact the petitioner’s truck was not hired by a transport company and, therefore, the plea taken by the petitioner is absolutely false. Be that as it may, petitioner Birendra Prasad Gupta is directed to be released on anticipatory bail in the event of his arrest or surrender within a period of six weeks in Custom Case No. 126/2007-08 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Presiding Officer, Economic Offences 2 Court, Muzaffarpur subject to the conditions laid down under Section 438(2) of the Cr.P.C subject to the condition that the petitioner will co-operate during the pendency of this case and appear in Court as and when required and if he absents himself even for a single date without reasonable cause, his bail bond shall stand cancelled. Sanjay (Sheema Ali Khan, J.)