IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 28526 of 2011 Durga Prasad Singh, S/o Sri Ramashray Singh. Versus The Union of India through the Superintendent Customs (Preventive) Division, Muzaffarpur. ------------- 02. 30.08.2011 Heard learned counsel for the petitioner, State and the Union of India. The petitioner seeks bail in a case instituted for the offences under Section 135 of the Customs Act, 1962. The allegation against the petitioner who is the driver of the truck is that he was carrying betel-nuts of more than Rs. 49,000,00/- on the truck which was allegedly smuggled goods. The petitioner does not claim to be the owner of the betel-nuts and is merely a driver. Considering the same as also that now prosecution report has been submitted, let the petitioner, above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Court of Presiding Officer, Economic Offence, Special Court, Muzaffarpur in connection with Special Case No. 2 of 2011 subject to the following conditions:- (i) That one of the bailors shall be local since the petitioner belongs to Unnaw and the other bailor shall be the brother of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any 2 other case and if he is he shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (v) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)