IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40900 of 2010 AJEET YADAV & ANR Versus UNION OF INDIA THRU.ASST.COMMI ----------- For the petitioners: Mr. Rana Pratap Singh, Sr. Advocate Mr. Sumant Singh, Advocate For the Customs: Mrs. Nivedita Nirvikar Mrs. Archana Sinha Advocates 3 07.01.2011 Heard learned counsel for the petitioners as well as learned counsel appearing for the Custom Department. Petitioners seek bail in connection with Custom Case No. 14 of 2010 for the offence punishable under section 135 of the Customs Act, 1962. Allegedly, the petitioners were caught with betel nut (cut) valued Rs 9,60,000/- Without entering into the merit of the case, Learned counsel for the petitioners refers the provision of Section-135 of the Customs Act and submits that in view of the aforesaid provision as well as decisions rendered by the Apex Court of this country reported in 2007 (14) SCC 325, the alleged offence is bailable in nature. Learned counsel appearing for the Custom although opposed the prayer for bail but could not succeed to controvert the aforesaid proposition of law. In the aforesaid circumstances, petitioners, 2 namely, Ajeet Yadav and Pradeep Chakraborty are directed to be released on bail on furnishing bail bond of Rs 25,000/- (twenty five thousand) each with two sureties of the like amount each in connection with Custom Case No. 14 of 2010 to the satisfaction of Presiding Officer (Special Court) Economic Offences, Muzaffarpur subject to condition that one of the sureties must be local and holder of the landed property. AKV/- ( Hemant Kumar Srivastava,J.)