Shashikant Kumar v. The Union Of India Through The Assistant Director, Enforcement Directorate, Patna Zonal Office,

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60562 of 2024 Arising Out of PS. Case No.-6 Year-2021 Thana- E.C.I.R (GOVERNMENT OFFICIAL) District- Patna ====================================================== Shashikant Kumar Son of Ravindra Prasad @ Rabindra Prasad Resident of Village - Gagan Diwan, Bank Colony, P.S.- Laheri, District - Nalanda. ... ... Petitioner/s

Versus

The Union of India Through the Assistant Director, Enforcement Directorate, Patna Zonal Office, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Dr. K.N Singh, ASG Mr. Ankit Kumar Singh, AC to ASG ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with ECIR No. PTZO/06/2021 giving rise to Special Trial (PMLA) Case No. 03 of 2023 instituted for the offences under Section 4 of the PMLA Act.

3.

The earlier bail application of the petitioner was rejected vide order dated 23-04-2024, passed in Cr. Misc. No. 81759 of 2023 (Annexure-P/1), to the present application taking into account the parameters of Section 45(1) of the PMLA Act as well as the gravity of the offence.

4.

The present one is the second application filed on

Patna High Court CR. MISC. No.60562 of 2024(2) dt.23-08-2024 2/2 behalf of the petitioner for grant of regular bail. 5.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. It is submitted that prosecution has completely failed to establish the necessary foundational facts to attract the presumption contained in Section 24 of the PMLA Act. He next submits that save and except the confessional statement recorded under Section 50 of the PMLA Act, there is no material at all against the petitioner. The petitioner is in custody since 02-08-2023 having no criminal antecedent.

6.

This Court finds no merit, at this stage, in the present application as there is no fresh ground to consider the present bail application.

7.

Accordingly, the prayer is rejected.

(Rudra Prakash Mishra, J) Raj Kishore/- U T