IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 26585 of 2011 Md. Asgar Ali Ansari, Md. Allam Ansari. Versus The Union of India Through The Commissioner of Customs. ---------------------------------- For the Petitioner : Mr. Yogesh Chandra Verma, Sr. Adv. : Mr. Ansul, Adv. For the Custom : Mrs. Archana Meenakshee, Adv. : Mrs. Archana Sinha, Adv. ------------------------- 03. 06.09.2011 Counter-affidavit filed today on behalf of the Customs Department be kept on record. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 104, 110 and 135 of the Customs Act, 1962. The petitioner was refused bail by order dated 09.02.2010 considering that huge amount of fake currency notes were recovered from his motorcycle. The petitioner has renewed his prayer for bail on the ground that he is in custody since 02.05.2009 and the maximum sentence prescribed is three years and, therefore, it would be in the interest of justice to release him. The Counsel for the Customs Department submits that in fact the petitioner was accused in one other case of similar nature in the year 2001 and, therefore, he is a second offender in that meaning and the sentence of three years is not applicable in his case. The 2 further submission is that the trial is not proceeding on account of the fact that the petitioner is in Motihari Jail and he is not being produced from there. In view of the nature of allegations and previous antecedents, I am not inclined to grant bail to the petitioner. The prayer for bail is rejected. The Trial Court is directed to proceed with the trial even in the absence of the accused and the petitioner in the light of Section 273 Cr.P.C. which permits recording of evidence in the presence of his pleader. Vikash/- (Anjana Prakash, J.)