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TMI Blog2023 (9) TMI 1456X X X X Extracts X X X X X X X X Extracts X X X X ..... atisfied that there are reasonable grounds for believing that he/she is not guilty of such offence and that he/she is not likely to commit any offence while on bail. Taking into consideration the rival submissions of learned counsel for the parties and materials available on record as also in view of section 45 of the P.M.L. Act and the fact that prayer for anticipatory bail of other two co-accused has been rejected by a coordinate Bench of this Court in RANJEET KUMAR MANDAL AND SAUDAGAR MANDAL VERSUS UNION OF INDIA THROUGH ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT (PMLA) , PATNA [ 2023 (7) TMI 1392 - PATNA HIGH COURT] , this Court does not find any ground to grant anticipatory bail to the petitioner and as such, the application for gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed Ranjeet Kumar and during search operation on identification of said Ranjeet Kumar, other persons namely Rajesh Kumar Goyal and Paramhans Pathak were arrested from Room No. 406, N.P. Centre, New Dak Banglow Road, Patna. Further, an amount of Rs. Three lacs was also recovered from one Satish Chandar Jha, who was present at the time of search. On analysis of said F.I.R., it was revealed that total 36 ATM Cards of various banks was in possession of Ranjeet Kumar Mandal whereas the details of accounts and the names of various account-holders related to all the ATM Cards seized from co-accused Ranjeet Kumar Mandal were obtained from the concerned banks and that ATM Cards were issued in various accounts of different banks were of various perso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e or in the name of his family members possessed from the proceeds of crime. It is further submitted that petitioner was summoned by the prosecution on two occasions i.e. on 03.07.2018 and 04.07.2018 where he was interrogated by the authority concerned in details and the petitioner has also provided all the relevant documents to the Investigating Agency in connection with his business with City Rolling Mills Pvt. Ltd. 6. It is argued by the counsel for the petitioner that the case of the petitioner is squarely covered by the case of Aman Preet Singh and Siddhart in which Hon ble Supreme Court has granted bail to the accused persons. 7. It is lastly argued by learned counsel for the petitioner that Hon ble Apex Court has held that in case, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reply to most of the questions. It is lastly submitted by learned counsel for the opposite party that prayer for anticipatory bail of co-accused namely Ranjeet Kumar Mandal and Saudagar Mandal has already been rejected by a coordinate Bench of this Court, vide order dated 14.07.2023 passed in Cr.Misc. No. 28843 of 2023. On aforesaid ground, he has requested to refuse the prayer for anticipatory bail of petitioner. 9. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case and also the fact that petitioner is knowingly involved in acquisition, concealment and transfer of proceeds of crime and projection of the same as untainted, as referred to hereinabove. Further, Section 45(1)(ii) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f India (2018) 11 SCC 1, stand revived in view of the Legislative intervention vide Amendment Act 13 of 2018. 10. Further, the Hon ble Supreme Court in its order dated 4.1.2022 passed in Cr. Appeal no. 21 of 2022 (The Assistant Director, Enforcement Directorate vs. Dr. V.C. Mohan) held as follows : Mr. Dama Seshadri Naidu, learned senior counsel appearing for the respondent invited our attention to the dictum in paragraph 42 of the judgment in Nikesh Tarachand Shah vs. Union of India Anr. reported in (2018) 11 SCC 1. The observations made therein have been misunderstood by the respondent. It is one thing to say that Section 45 of the PMLA Act to offences under the ordinary law would not get attracted but once the prayer for anticipatory bai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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