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Patna High Court

Vijay KumarversusThe Union of India through the Assistant Director, Enforcement Directorate, Govt. of India

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail must be granted as the petitioners do not merit denial under Section 45 and continued detention would infringe Article 21.

Summary

The petitioners, Parmanand Sinha and Vijay Kumar, were arrested in connection with alleged money‑laundering offences under Sections 3 and 4 of the Prevention of Money Laundering Act (PMLA) arising from a large‑scale fraud in the Railway Claims Tribunal. They sought bail, arguing that they had cooperated with the investigation, that the amounts received were professional fees, and that there was no evidence of non‑cooperation or flight risk. The Enforcement Directorate contended that the petitioners were part of a conspiracy that siphoned off claim money and therefore failed to satisfy the twin conditions of Section 45 PMLA. The Court examined the statutory bail criteria, recent Supreme Court pronouncements emphasizing that bail is the rule and jail the exception, and the constitutional right to a speedy trial under Article 21. Finding that the trial was still at the appearance stage, with no realistic prospect of conclusion in the near future, the Court held that continued detention would violate Article 21 and granted bail with conditions.

Issues considered

  • The applicability of the twin conditions under Section 45 of the PMLA to deny bail to the petitioners.
  • Whether the prolonged pre‑trial detention of the petitioners violates the constitutional right to speedy trial under Article 21.
  • Whether the petitioners pose a flight risk or a risk of tampering with evidence or witnesses.
  • Whether the petitioners have satisfied the criteria for bail under the PMLA and relevant case law.

Legislation cited

Subjects

  • bail
  • PMLA
  • money laundering
  • Article 21
  • speedy trial
  • Enforcement Directorate
  • railway claims tribunal fraud
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.49660 of 2025
                    Arising Out of PS. Case No.-8 Year-2023 Thana- E.C.I.R (GOVERNMENT OFFICIAL)
                                                        District- Patna
                  ======================================================
                  Parmanand Sinha @ Parmanand Singh S/o Jagdeo Prasad @ Jagdeo Prasad
                  Singh R/o Village - Muzaffara, Police Station - Islampur, Post Office - Bardih,
                  District – Nalanda.                                 ... ... Petitioner/s
                                                     Versus
                  The Union of India through Assistant Director, Directorate of Enforcement,
                  Patna Zonal Office, Patna.                              ... ... Opposite Party/s
                  ======================================================
                                                     WITH
                              CRIMINAL MISCELLANEOUS No. 51358 of 2025
                    Arising Out of PS. Case No.-8 Year-2023 Thana- E.C.I.R (GOVERNMENT OFFICIAL)
                                                        District- Patna
                  ======================================================
                  Vijay Kumar S/o Late Ram Nandan Prasad Resident of Village and P.O.-
                  Bardih, P.S.-Islampur, Dist.- Nalanda, presently residing at Mohalla Adarsh
                  Vihar Colony, Road No.1, Ramkrishna Nagar, New Bypass, P.S.- Ramkrishna
                  Nagar, Dist.-Patna.                          ... ... Petitioner/s
                                                     Versus
            1.     The Union of India through the Assistant Director, Enforcement Directorate,
                   Govt. of India Enforcement Directorate, Govt. of India, Patna Zonal Unit,
                   Chandpura Place, Bank Road, Patna
            2.     The Assistant Director, Enforcement Directorate, Government of India,
                   Patna Zonal Officer, Chandpur Patna
                                                                     ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  (In CRIMINAL MISCELLANEOUS No. 49660 of 2025)
                  For the Petitioner :    Mr. Rashid Izhar, Advocate
                                         Mr. Adil Abbas, Advocate
                                         Mr. Vishal Kumar, Advocate
                  For the E.D.       :
                  (In CRIMINAL MISCELLANEOUS No. 51358 of 2025)
                  For the Petitioner :    Mr. Nikhil Kumar Agrawal, Advocate
                                          Ms. Aditi Hansaria, Advocate
                                          Mr. Keshav Bhardwaj, Advocate
                  For the E.D.       :    Mr. Tuhin Shankar, Advocate
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

10   25-02-2026                 As both these cases arise out of the same ED

                    (Directorate      of    Enforcement)         case,     vide     case     No.

                    ECIR/PTZO/08/2023, with consent of the parties, they have
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          been heard together for final disposal at this stage itself.

                          2.    Heard learned counsel for the petitioners and

          learned APP for the State.

                          3. The petitioners seek bail in a case registered for

          the offences punishable under Sections 3 and 4 of the

          Prevention of Money Laundering Act (hereinafter referred as

          PMLA), 2002.

                          4. The case of the prosecution is based upon a

          written information given by Shri S.K. Tyagi, Executive

          Director, Railway Board, New Delhi. The C.B.I. conducted a

          preliminary enquiry, bearing no. PE 03/18, regarding allegations

          of large-scale irregularity committed in the filing, processing

          and decisions at Railway Claims Tribunal (R.C.T), Patna. Such

          preliminary investigation disclosed that in between 2015-2017,

          some unknown public servants of Railway conspired with the

          claimants’ advocates and their team and in pursuance of the said

          conspiracy, cheated the claimants as only a part of the decreed

          amount was given to the claimants while a major part thereof

          was siphoned off by the conspirators i.e., the accused persons.

                          5. As a consequence of the preliminary enquiry,

          CBI registered RC Case No. 002(A) of 2020 and RC Case No.

          003(A) of 2020, under section 403/420/120 B of the Indian
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          Penal Code (hereinafter referred as I.P.C) and 7A of Prevention

          of Corruption Act on 30-01-2020 and after investigation, a

          charge-sheet/final report bearing No. 21/2022 dated 31-12-2022

          was submitted by the C.B.I revealing that an amount of Rs.

          29,84,707/- was cheated from 23 claimants by the accused

          persons.

                          6. On the basis of the two FIRs lodged by C.B.I

          (ACB), Patna, ECIR/PTZO/08/2023 was registered by the

          Enforcement Directorate on 23-01-2023 for an offence under

          sections 3 & 4 of Prevention of Money Laundering Act, 2002,

          against the accused persons with allegations of mass scale

          irregularity in the death claim cases at Railway Claims

          Tribunals (R.C.T), Patna.

                          7. Learned counsel Mr. Rashid Izhar appearing on

          behalf of the petitioner Parmanand Sinha, has submitted at the

          outset, that the thrust of the allegation is upon one Bidyanand

          Singh, an advocate, of siphoning off a part of the claim money

          and deposited in his bank account and the petitioner Parmanand

          Singh, who happens to be the full brother of Bidyanand Singh

          living in a joint family, was made an accused as some part of the

          money later got transferred in his account too, but the same was

          on account of some family affairs. It is pointed out that the
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          petitioner, who was arrested in the predicate offences in the two

          C.B.I Cases on 4-12-2023, was granted bail on 08-12-2023 and

          15-12-2023 after remaining in custody for a total period of 11

          days only, considering that the petitioner had co-operated during

          investigation, which subsequently came to a close.

                          8. Further submission is that no complaint against

          the petitioner has ever been received by any beneficiaries of the

          award of the claim and the petitioner was arrested without any

          summon or enquiry on 22-01-2025, when raid was conducted in

          the ancestral house of Bidyanand.

                          9. The learned counsel Mr. Nikhil Kumar Agrawal

          with regard to the petitioner, Vijay Kumar has submitted that the

          petitioner was not an advocate and at the relevant time, he was

          only a clerk/employee in the legal firm of Shri Bidyanand Singh

          (B.N. Singh). The learned counsel in support of his argument

          relies at para 7.3 (i) (@ pg.177) of the charge sheet wherein the

          ED has stated that the petitioner was an employee of Bidyanand

          Singh who assisted him in representing claimants. He further

          submitted that the petitioner has never participated in either

          filing of claim cases or opening fake accounts or manufacturing

          any false documents in order to obtain compensation amount on

          behalf of the claimants. Additionally, he submitted that the bank
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          account in which the amounts were received were all managed

          by accused Bidyanand Singh and the petitioner, being an

          employee, had no knowledge about the same.

                          10. Further, it has been submitted that the Hon’ble

          Supreme Court vide order dated 03/05/2024 passed in SLP (Crl)

          No. 12121/2023 (Vijay Kumar V. State of Bihar & Anr.) has

          categorically observed that there is no charge against the

          petitioner under the provisions of the Prevention of Corruption

          Act,1988 (hereinafter referred to as PC Act), as he is a private

          individual and that the investigating agency seems to have given

          up the case as earlier made out under the PC Act. Further, all

          the amount that has been received by the petitioner is ‘private

          money’ and part of the fee as agreed by the claimants and in

          order to support this submission the petitioner has filed audited

          income tax return and has fully disclosed his income to the tax

          authorities. Further, he submitted that the C.B.I. has itself

          admitted that the amount received by the petitioner is

          professional fee but they have chosen to consider only a part of

          it as genuine receipt and the remaining amount has been

          considered to be arising out of cheating. Thus, the money cannot

          be considered to be proceeds of crime. It is further submitted

          that the ED is itself not sure of the exact amount which has been
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          transferred to the account of the petitioner and is basing its

          allegations on abject calculations and conjectures.

                          11. It has been jointly submitted that the allegations

          of non-cooperation during investigation is absolutely false and

          baseless, rather they have cooperated in the investigation and

          the allegation of giving evasive replies does not amount to non-

          cooperation. It has been argued that the present position of the

          case is that the prosecution complaint/charge-sheet has been

          submitted on 21-03-2025 before the special court, PMLA and

          cognizance has already been taken thereupon, as such the

          petitioners are not required even for any custodial interrogation.

          Moreover, there are as many as 27 witnesses to be examined on

          behalf of the prosecution and about 92 documents, running into

          4408 pages which are proposed to be exhibited and the case is

          running at the stage of appearance itself, as such there is no

          chance of trial getting concluded in near future and the

          petitioners cannot be kept behind bars for an indefinite period.

                       12. It is further submitted on behalf of the petitioners

          that the case is based purely on documentary evidence and all

          the relevant documents are in the possession of the concerned

          authorities i.e. the C.B.I. or E.D., as such there is no chance of

          the petitioners tampering with any evidence. Further, the
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          petitioners undertake to participate in the trial and there is no

          flight risk. The petitioners have relied upon several judicial

          pronouncements rendered by the Hon’ble Supreme Court to

          contend that even in cases of PMLA, bail is the rule and jail is

          exception and keeping persons behind bars for unlimited period

          of time in hope of speedy completion of trial would deprive the

          petitioners of their fundamental rights guaranteed under Article-

          21 of the Constitution of India. The judicial pronouncements

          referred by the petitioners are being enumerated hereunder :

              (i) Prem Prakash v. Union of India reported in AIR

              OnLine 2024 SC 575 ;

              (ii) Manish Sisodia v. Directorate of Enforcement reported

              in AIR 2024 SC 4053 ;

              (iii) V. Senthil Balaji v. Directorate of Enforcement

              reported in AIR 2024 SC 4760.

              (iv) Arvind Dham vs. Directorate of Enforcement reported

              in 2026 SCC Online SC 30.

                          13. It is, thus, submitted that in the facts and

          circumstances, protection of the personal liberty of the

          petitioners is imperative considering the fact that the petitioner,

          Parmanad Sinha is in custody since 23.01.2025, petitioner, Vijay

          Kumar is in judicial custody since 22.01.2025 and was
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          remanded into the custody of ED on 27.01.2025 with no

          substantial progress in the trial.

                          14. Per contra, Mr. Tuhin Shankar, learned counsel

          for the E.D. has responded by way of his counter affidavit that

          the present case pertains to mass scale irregularity/criminality in

          the death claim cases at the Railway Claims Tribunal, Patna

          (RCT) as in pursuance of a criminal conspiracy only a part of

          the decreed amount awarded to the claimants was received by

          them and a major share was siphoned off by the conspirators

          which includes the present petitioners as they teamed up with

          the claimants’ Advocates, Kumari Rinki Sinha and Sri

          Bidyanand Singh. It was revealed during investigation that out

          of 2030 claims issued by Sri R.K. Mittal, the then Member

          (Judicial), RCT, Patna, approximately 960 claims have been

          dealt by the Advocates, Bidyananad Singh, Kumari Rinki Sinha

          and     others,     wherein       approximately       Rs.50   crores   of

          compensation was awarded to the claimants and later,

          substantial part of the same was fraudulently siphoned off by

          these Advocates, transferring the same to the bank accounts of

          their family members and relatives without the knowledge of

          the claimants and, upon perusal of the bank account statements

          of the claimants, it was revealed that in most of the cases the
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          amounts credited as compensation from the Railway was

          transferred to the bank accounts of Bidyanand Singh and his

          associates, which include these petitioners also.

                          15. It has further been submitted that the amount

          siphoned off from the bank accounts of the claimants was

          distributed between Vijay Kumar and Bidyanand Singh in the

          proportion of 35% and 65% respectively, while petitioner,

          Parmanand Sinha, being the brother of the accused Bidyanand

          Singh, received amount in his bank account upon transfer made

          by Bidyanand Singh, thereby having a share in the 65% of the

          amount siphoned off by Bidyanand Singh. The learned counsel

          has relied on the case of Gautam Kundu v. Directorate of

          Enforcement (Prevention of Money Laundering Act),

          Government of India reported in (2015) 16 SCC 1 to submit

          that Section 45 of the PMLA imposes twin conditions for grant

          of bail and it has an overriding effect on the general provisions

          of Cr.P.C., in case of any conflict. Reliance has also been made

          on the decision of the Hon’ble Supreme Court in the case of

          Nimmagadda Prasad v. C.B.I. reported in (2013) 7 SCC 466

          to contend that while granting bail, the Court has to keep in

          mind the nature of accusation, the nature of evidence in support

          thereof and the severity of the punishment which conviction
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          would entail and other considerations in the larger interest of the

          public. Further, the twin conditions laid down under Section 45

          of the PMLA need to be strictly observed and adhered to while

          considering the grant of bail, as has been held by the Hon’ble

          Apex Court in the case of Vijay Madan Lal Choudhary v.

          Union of India reported in (2023) 12 SCC 1 and in the present

          case the petitioners have failed to meet the twin conditions, as

          such they are not entitled to the privilege of bail. Additionally, it

          has also been submitted that the presence of the petitioners is

          required for framing of charges and if they are granted bail at

          this stage, the commencement of trial is likely to be hampered in

          an unjust manner along with the possibility of them influencing

          the witnesses or tampering with the evidence.

                          16. Upon hearing the rival contentions of the

          parties and from the perusal of the records of the case, the

          allegation against the present petitioners appears to be that of

          being involved in the conspiracy with the main accused,

          Bidyanand Singh and other Advocates of the claimants,

          however, it is also a fact that while petitioner, Vijay Kumar was

          granted anticipatory bail in the predicate offence i.e. in the

          C.B.I. case, the petitioner, Parmanand Sinha was also granted

          bail in a total period of 11 days of custody, considering the
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          various facts and circumstances including the factum of

          submission of charge-sheet. There is no dispute over the

          proposition that the twin conditions for grant of bail under

          Section 45 of the PMLA, the constitutionality of which was

          upheld in the case of Vijay Madan Lal Choudhary (surpa),

          creates a restriction upon the right of the accused to grant of bail

          but it has been held in the said case that it does not impose an

          absolute restrain on grant of bail and the discretion vests in the

          Court, which needs to be fair and judicious and not arbitrary or

          irrational.

                          17. The Hon’ble Supreme Court has held in the

          case of Prem Prakash v. Union of India reported in (2024) 9

          SCC 787 that Section 45 of the PMLA by imposing twin

          conditions does not re-write these principles to mean that

          deprivation is the norm and liberty is the exception. Paragraphs-

          11 and 12 of the said judgment are being quoted hereunder:

                                  “11. In Vijay Madanlal Choudhary v. Union of
                                  India [Vijay Madanlal Choudhary v. Union of
                                  India, (2023) 12 SCC 1] , this Court categorically
                                  held that while Section 45 PMLA restricts the right
                                  of the accused to grant of bail, it could not be said
                                  that the conditions provided under Section 45
                                  impose absolute restraint on the grant of bail.
                                  Para 302 is extracted hereinbelow : (SCC p. 259)
                                  “302. It is important to note that the twin
                                  conditions provided under Section 45 of the 2002
                                  Act, though restrict the right of the accused to
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                                  grant of bail, but it cannot be said that the
                                  conditions provided under Section 45 impose
                                  absolute restraint on the grant of bail. The
                                  discretion vests in the court, which is not arbitrary
                                  or irrational but judicial, guided by the principles
                                  of law as provided under Section 45 of the 2002
                                  Act.”
                                  These observations are significant and if read in
                                  the context of the recent pronouncement of this
                                  Court dated 9-8-2024 in Manish Sisodia v.
                                  Enforcement Directorate [Manish Sisodia v.
                                  Enforcement Directorate, (2024) 12 SCC 660 :
                                  2024 SCC OnLine SC 1920] , it will be amply
                                  clear that even under PMLA the governing
                                  principle is that “Bail is the Rule and Jail is the
                                  Exception”. In para 52 of Manish Sisodia [Manish
                                  Sisodia v. Enforcement Directorate, (2024) 12
                                  SCC 660 : 2024 SCC OnLine SC 1920] , this
                                  Court observed as under:
                                  “52. … From our experience, we can say that it
                                  appears that the trial courts and the High Courts
                                  attempt to play safe in matters of grant of bail. The
                                  principle that bail is a rule and refusal is an
                                  exception is, at times, followed in breach. On
                                  account of non-grant of bail even in
                                  straightforward open-and-shut cases, this Court is
                                  flooded with huge number of bail petitions thereby
                                  adding to the huge pendency. It is high time that
                                  the trial courts and the High Courts should
                                  recognise the principle that “bail is rule and jail is
                                  exception.”
                                  12. All that Section 45 PMLA mentions is that
                                  certain conditions are to be satisfied. The
                                  principle that, “bail is the rule and jail is the
                                  exception” is only a paraphrasing of Article 21 of
                                  the Constitution of India, which states that no
                                  person shall be deprived of his life or personal
                                  liberty except according to the procedure
                                  established by law. Liberty of the individual is
                                  always a Rule and deprivation is the exception.
                                  Deprivation can only be by the procedure
                                  established by law, which has to be a valid and
                                  reasonable procedure. Section 45 PMLA by
                                  imposing twin conditions does not re-write this
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                                  principle to mean that deprivation is the norm and
                                  liberty is the exception. As set out earlier, all that
                                  is required is that in cases where bail is subject to
                                  the satisfaction of twin conditions, those
                                  conditions must be satisfied.”
                          18. In the case of Manish Sisodia v. Enforcement

          Directorate, reported in (2024) 12 SCC 660, the Hon’ble Apex

          Court has also dealt with prolonged incarceration of an accused

          vis-à-vis the constitutional mandate of liberty guaranteed under

          Article-21 of the Constitution of India. The relevant paragraphs

          are being quoted hereunder:

                                         “ 35. A Division Bench of this Court in
                                  Ramkripal Meena v. Enforcement Directorate
                                  [Ramkripal Meena v. Enforcement Directorate,
                                  (2024) 12 SCC 682] was considering an application
                                  of the petitioner therein who was to receive a bribe
                                  of rupees five crore and from whom, an amount of
                                  Rs 46,00,000 was already recovered. In the said
                                  case, the petitioner was arrested on 26-1-2022 in
                                  connection with FIR No. 402 of 2021 registered
                                  against him for the offences punishable under
                                  Sections 406, 420, 120-BIPC and Sections 4/6 of the
                                  Rajasthan Public Examination (Prevention of
                                  Unfair Means) Act, 1992. He was released on bail
                                  by this Court vide order dated 18-1-2023 [Ram
                                  Kripal v. State of Rajasthan, (2024) 12 SCC 686] .
                                  Thereafter, the petitioner was arrested by ED on 21-
                                  6-2023.
                                          ------------- --------
                                  47. We find that, on account of a long period of
                                  incarceration running for around 17 months and the
                                  trial even not having been commenced, the
                                  appellant has been deprived of his right to speedy
                                  trial.
                                  48. As observed by this Court, the right to speedy
                                  trial and the right to liberty are sacrosanct rights.
                                  On denial of these rights, the trial court as well as
                                  the High Court ought to have given due weightage
                                  to this factor.”
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                          19. In the present context, the case of V. Senthil

          Balaji Vs. Deputy Director, Directorate of Enforcement

          reported in (2024) SCC OnLine 2626, is extremely significant

          as it has expressly held that the Constitutional Courts cannot

          allow provisions like Section 45(i)(ii) to become instruments in

          the hands of the ED to continue prolonged incarceration with no

          possibility of trial concluding within a reasonable time and

          paragraphs-27 to 29 thereof, are being quoted as hereunder:

                                  “27. Under the Statutes like PMLA, the minimum
                                  sentence is three years, and the maximum is seven
                                  years. The minimum sentence is higher when the
                                  scheduled offence is under the NDPS Act. When the
                                  trial of the complaint under PMLA is likely to
                                  prolong beyond reasonable limits, the Constitutional
                                  Courts will have to consider exercising their powers
                                  to grant bail. The reason is that Section 45(1)(ii)
                                  does not confer power on the State to detain an
                                  accused for an unreasonably long time, especially
                                  when there is no possibility of trial concluding
                                  within a reasonable time. What a reasonable time is
                                  will depend on the provisions under which the
                                  accused is being tried and other factors. One of the
                                  most relevant factor is the duration of the minimum
                                  and maximum sentence for the offence. Another
                                  important consideration is the higher threshold or
                                  stringent conditions which a statute provides for the
                                  grant of bail. Even an outer limit provided by the
                                  relevant law for the completion of the trial, if any, is
                                  also a factor to be considered. The extraordinary
                                  powers, as held in the case of K.A. Najeeb, can only
                                  be exercised by the Constitutional Courts. The
                                  Judges of the Constitutional Courts have vast
                                  experience. Based on the facts on record, if the
                                  Judges conclude that there is no possibility of a trial
                                  concluding in a reasonable time, the power of
                                  granting bail can always be exercised by the
                                  Constitutional Courts on the grounds of violation of
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                                  Part III of the Constitution of India notwithstanding
                                  the statutory provisions. The Constitutional Courts
                                  can always exercise its jurisdiction under Article 32
                                  or Article 226, as the case may be. The
                                  Constitutional Courts have to bear in mind while
                                  dealing with the cases under the PMLA that, except
                                  in a few exceptional cases, the maximum sentence
                                  can be of seven years. The Constitutional Courts
                                  cannot allow provisions like Section 45(1)(ii) to
                                  become instruments in the hands of the ED to
                                  continue incarceration for a long time when there is
                                  no possibility of a trial of the scheduled offence and
                                  the PMLA offence concluding within a reasonable
                                  time. If the Constitutional Courts do not exercise
                                  their jurisdiction in such cases, the rights of the
                                  undertrials under Article 21 of the Constitution of
                                  India will be defeated. In a given case, if an undue
                                  delay in the disposal of the trial of scheduled
                                  offences or disposal of trial under the PMLA can be
                                  substantially attributed to the accused, the
                                  Constitutional Courts can always decline to exercise
                                  jurisdiction to issue prerogative writs. An exception
                                  will also be in a case where, considering the
                                  antecedents of the accused, there is every possibility
                                  of the accused becoming a real threat to society if
                                  enlarged on bail. The jurisdiction to issue
                                  prerogative writs is always discretionary.
                                  28. Some day, the courts, especially the
                                  Constitutional Courts, will have to take a call on a
                                  peculiar situation that arises in our justice delivery
                                  system. There are cases where clean acquittal is
                                  granted by the criminal courts to the accused after
                                  very long incarceration as an undertrial. When we
                                  say clean acquittal, we are excluding the cases
                                  where the witnesses have turned hostile or there is a
                                  bona fide defective investigation. In such cases of
                                  clean acquittal, crucial years in the life of the
                                  accused are lost. In a given case, it may amount to
                                  violation of rights of the accused under Article 21 of
                                  the Constitution which may give rise to a claim for
                                  compensation.
                                  29. As stated earlier, the appellant has been
                                  incarcerated for 15 months or more for the offence
                                  punishable under the PMLA. In the facts of the case,
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                                   the trial of the scheduled offences and,
                                   consequently, the PMLA offence is not likely to be
                                   completed in three to four years or even more. If the
                                   appellant's detention is continued, it will amount to
                                   an infringement of his fundamental right under
                                   Article 21 of the Constitution of India of speedy
                                   trial.”

                    20. The above-mentioned decision of V. Senthil Balaji

          (supra) was referred and relied upon in the case of Udhaw

          Singh v. Enforcement Directorate [2025 INSC 247] in Cr.

          Appeal No.799 of 2025 and following the principles laid down

          in the said case, the appellant therein was granted bail pending

          trial.

                          21. Very recently, in the case of Arvind Dham v.

          Directorate of Enforcement reported in 2026 SCC OnLine SC

          30, considering the fact that there was no likelihood of trial

          commencing          in    near     future,    coupled     with     continued

          incarceration, in the circumstance of documentary nature of

          evidence and further considering the law laid down by the

          earlier judicial pronouncements rendered by the Hon’ble

          Supreme Court, bail was granted to the custody accused in view

          of Article-21 of the Constitution of India. Paragraph 15 to 18 of

          the said judgment are being quoted hereunder:

                                   “15. We have given our thoughtful consideration to
                                   the rival submissions and have carefully perused
                                   the record. The court while dealing with the prayer
                                   for grant of bail has to consider gravity of offence,
                                   which has to be ascertained in the facts and
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                                  circumstances of each case. One of the
                                  circumstances to consider the gravity of offences is
                                  also the term of sentence i.e., prescribed for the
                                  offence, the accused is alleged to have committed.
                                  The court has also to take into account the object
                                  of the special Act, the gravity of offence and the
                                  attending circumstances along with period of
                                  sentence. All economic offences cannot be
                                  classified into one group as it may involve various
                                  activities and may differ from one case to another.
                                  Therefore, it is not advisable on the part of the
                                  Court to categorize all the offences into one group
                                  and deny bail on that basis. It is well settled that if
                                  the State or any prosecuting agency including, the
                                  court, concerned has no wherewithal to provide or
                                  protect the fundamental right of an accused, to
                                  have a speedy trial as enshrined under Article 21
                                  of the Constitution, then the State or any other
                                  prosecuting agency should not oppose the plea for
                                  bail on the ground that the crime committed is
                                  serious. Article 21 of the Constitution applies
                                  irrespective of the nature of the crime. The
                                  aforesaid proposition was quoted with approval by
                                  another two-Judge Bench of this Court and it was
                                  held that long period of incarceration for around
                                  17 months and the trial not even having
                                  commenced, the appellant in that case has been
                                  deprived of his right to speedy trial.
                                  16. A two-Judge Bench of this Court in V. Senthil
                                  Balaji's case has held that under the statutes such
                                  as PMLA, where maximum sentence is seven years,
                                  prolonged incarceration pending trial may warrant
                                  grant of bail by Constitutional Courts, if there is no
                                  likelihood of the trial concluding within a
                                  reasonable time. Statutory restrictions cannot be
                                  permitted to result in indefinite pretrial detention in
                                  violation of Article 21.
                                  17. A three Judge Bench of this Court in Padam
                                  Chand Jain (supra), reiterated that prolonged
                                  incarceration cannot be allowed to convert pretrial
                                  detention into punishment and that documentary
                                  evidence already seized by the prosecution
                                  eliminates the possibility of tampering with the
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                                  same.
                                  18. The right to speedy trial, enshrined under
                                  Article 21 of the Constitution, is not eclipsed by the
                                  nature of the offence. Prolonged incarceration of
                                  an undertrial, without commencement or
                                  reasonable progress of trial, cannot be
                                  countenanced, as it has the effect of converting
                                  pretrial detention into form of punishment.
                                  Economic offences, by their very nature, may differ
                                  in degree and fact, and therefore cannot be treated
                                  as homogeneous class warranting a blanket denial
                                  of bail.”

                          22. This Court would also consider the fact that the

          object of bail is to secure attendance of the accused in the trial,

          as such, the consideration for granting of bail would also be

          probability of the party cooperating in the trial but the

          State/Prosecuting agency including the Court, has the duty to

          protect the fundamental right of an accused to have a speedy

          trial as enshrined under Article 21 of the Constitution. This was

          taken into consideration in the case of Javed Gulam Nabi

          Shaikh v. State of Maharastra, reported in (2024) 9 SCC 813.

          Paragraph-17 and 18 of the judgment would be relevant and are

          being quoted hereunder:

                                  “17. If the State or any prosecuting agency
                                  including the court concerned has no wherewithal
                                  to provide or protect the fundamental right of an
                                  accused to have a speedy trial as enshrined under
                                  Article 21 of the Constitution then the State or any
                                  other prosecuting agency should not oppose the
                                  plea for bail on the ground that the crime
                                  committed is serious. Article 21 of the Constitution
                                  applies irrespective of the nature of the crime.
                                  18. We may hasten to add that the petitioner is still
                                  an accused; not a convict. The over-arching
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                                  postulate of criminal jurisprudence that an
                                  accused is presumed to be innocent until proven
                                  guilty cannot be brushed aside lightly, howsoever
                                  stringent the penal law may be.”


                       23. Furthermore, with regard to the plea taken by the

          E.D. of non-cooperation by the petitioners, it needs to be

          clarified that merely giving evasive replies or not giving the

          reply as desired by the E.D., would not amount to non-

          cooperation, as cooperating with investigation does not extend

          to violation of the constitutional right against self-incrimination,

          as has been held in a very recent case of Vinay Kumar Gupta

          Vs. State of Madhya Pradesh in S.L.P (Crl.) No. 20215 of

          2025, rendered by the Hon’ble Supreme Court vide order dated

          16.02.2026 while granting anticipatory bail to the appellant in a

          case under the N.D.P.S. Act. The relevant extract of the order is

          being quoted hereunder:

                       “ Counter affidavit has now been filed by the State of

          Madhya Pradesh, wherein it is stated that, after the passing of

          the afore-stated order dated 15-12-2025, the appellant joined

          the investigation on 02-02-2026 but it is the complaint of the

          State that he has not handed over his mobile phone. It is for the

          State to complete the investigation in accordance with due

          procedure but, in that regard, it cannot insist upon the

          appellant incriminating himself. Cooperating with the
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          investigation does not extend to violation of the Constitutional

          right against self- incrimination”.

                       24. So far as the order of the co-ordinate Bench dated

          29.01.2026 passed in Cr. Misc. No.54140 of 2025, rejecting the

          prayer for bail on behalf of the main accused Bidyanand Singh

          is concerned, the same is apparently distinguishable on the

          ground that not only it concerns the person against whom the

          main thrust of allegation rests but also that the same has been

          passed purely on merits of the case, not disclosing any argument

          advanced on the violation of fundamental right of the accused

          under Article 21 of the Constitution of India and there is total

          non-consideration of the various judicial pronouncements of the

          Hon’ble Apex Court that prolonged incarceration of an accused,

          with trial not even having commenced, may warrant grant of

          bail by constitutional courts, if there is no likelihood of

          conclusion of trial within a reasonable frame of time.

                       25. Thus, considering the facts and circumstances of

          the present case, especially in view of the fact that there are as

          many as 27 witnesses to be examined and documents running

          into 4408 pages to be exhibited by the prosecution and the case

          still running at the stage of appearance with no likelihood of

          conclusion of trial in near future, when the same has not even
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          commenced, coupled with the fact that the petitioners are

          languishing in custody since more than a year, the petitioners

          cannot be kept behind bars for an indefinite period in the hope

          of conclusion of trial as, such prolonged pre-trial detention

          would have the effect of converting it into a form of

          punishment, and even statutory restrictions cannot be permitted

          to result in indefinite pre-trial detention in violation of Article

          21 of the Constitution.

                       26. Thus, applying the principles and guidelines laid

          down in the cases of V. Senthil Balaji (supra), Manish Sisodia

          (supra) and the recent case of Arvind Dham (supra), this

          Court is of the considered opinion that no fruitful purpose would

          be served by keeping the petitioners in prolonged custody after

          the investigation has come to a close and there is no likelihood

          of trial to be concluded in near future within a reasonable time,

          as the same would amount to infringement of fundamental right

          of the petitioners.

                       27. Accordingly, let the petitioners be released on bail

          on furnishing bail bonds of Rs. 1,00,000/- (Rupees One Lakh)

          with two sureties of the like amount each to the satisfaction of

          learned     District     and     Sessions      Judge-cum-Special   Judge

          (PMLA), Patna in connection with Special Trial (PMLA) Case
            Patna High Court CR. MISC. No.49660 of 2025(10) dt.25-02-2026
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                      No. 04 of 2025 arising from ECIR No. PTZO/08/2023 dated

                      25.01.2023, subject to the following conditions:

                                   i. The petitioners shall appear before the Special

                      Court/ concerned Court as and when the matter shall be taken

                      up i.e. on each and every date.

                                   ii. The petitioners shall not leave the country without

                      the permission of the Trial Court;

                                   iii. The petitioners shall provide their mobile number

                      and address to the Enforcement Directorate at the time of their

                      release and the E.D. shall be kept updated in case of any change

                      in the phone number or address.

                                   iv. The petitioners shall not influence the prosecution

                      witnesses directly or remotely and in case of any violation of

                      any conditions imposed by this Court, the prosecuting agency

                      will be at liberty to file an application for cancellation of bail.

                                   28. Accordingly, the present bail application is

                      allowed with the aforesaid conditions.

                                   29. It is however made clear that this Court has not

                      expressed any opinion on the merits of the case.


                                                (Soni Shrivastava, J)

Trivedi/-
U       T


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