Bharat Bhushan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38939 of 2021 Arising Out of PS. Case No.-6 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== BHARAT BHUSHAN S/O SURENDRA PRASAD SAH R/O VILLAGE ANANDPUR, POLICE STATION-LAXMIPUR, DISTRICT JAMUI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kishore Sinha For the Opposite Party/s :

Mr. Manoj Kumar Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 4 of the Prevention of Money Laundering Act, 2002.

As per the prosecution case, this petitioner and his associates are indulged in collection of levy or extortion from the sand contractors. It is alleged that petitioner has acquired many movable and immovable properties in his name and in the name of his family members. It is further alleged that petitioner has given Rs one lakh to Shobha Devi through the cheque of his ICICI bank account for purchasing tractor in her name and prior to issuance of that cheque he had also deposited Rs. One lakh in her account on 05.09.2017.

Patna High Court CR. MISC. No.38939 of 2021(7) dt.22-08-2022 2/3 Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case only on suspicion. Petitioner is simply a farmer and he has not acquired any movable or immovable property in his name or in the name of his family members. During the course of investigation under PMLA only single account in the name of petitioner in the ICICI bank was found and during the relevant period, between 2012-2018 cash deposit in the said account was only Rs 5,18,827/- and the fund was generated through agricultural products, money obtained from his ancestral property and few government schemes. Petitioner has got no connection with Pintu Ram and his family members. Learned CGC opposes the prayer for anticipatory bail.

Considering the facts of the case, nature of accusation against the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, PMLA, Patna in connection with Special case No.08/ 2020 (PTZ/06/2019), subject to conditions laid down u/s 438(2) of the Cr. P. C. with

Patna High Court CR. MISC. No.38939 of 2021(7) dt.22-08-2022 3/3 further condition that:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) BKS/- U T