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Patna High Court

Robin YadavversusThe Union of India through the Assistant Director, Directorate of Enforcement, Govt. of India

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner as no prima facie case or mens rea under the PMLA was established.

Summary

The petitioner, Robin Yadav, was arrested in connection with a PMLA case alleging his involvement in a cross‑border fraud that resulted in the transfer of €950 to an Indian bank account. He contended that no prima facie offence under Section 3 of the Prevention of Money‑Laundering Act, 2002 could be established, as there were no proceeds of crime attributable to him and no evidence of mens rea. The prosecution argued that his association with a co‑accused implicated him under the Act. The court examined the lack of direct evidence, the petitioner’s clean antecedents, his cooperation with investigators, and the precedent of bail granted to a co‑accused in a similar case. Concluding that the statutory conditions for denial of bail were not met, the court ordered his release on regular bail with a bond and sureties, subject to cooperation with the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail under the Prevention of Money‑Laundering Act, 2002.
  • Whether a prima facie case under Section 3 of the PMLA exists against the petitioner.
  • Whether Section 45 of the PMLA, which restricts bail, is attracted in the present facts.
  • Whether the precedent of bail granted to a co‑accused is applicable.

Legislation cited

Subjects

  • regular bail
  • PMLA
  • money laundering
  • prima facie case
  • Section 3
  • Section 45
  • foreign fraud
  • co‑accused precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61387 of 2025
                  Arising Out of PS. Case No.-27 Year-2023 Thana- E.C.I.R (GOVERNMENT OFFICIAL)
                                                      District- Patna
                 ======================================================
                 Robin Yadav S/o- Late Umesh Yadav Resident of 127/A1, Satin Sen Sarani,
                 Near Ideal Building, P.S. Kankurgachi, District Kolkata (West Bengal)
                                                                               ... ... Petitioner/s
                                                    Versus
                 The Union of India through the Assistant Director, Directorate of
                 Enforcement, Govt. of India Chandpura Place Bank Road West Gandhi
                 Maidan Dist- Patna
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Mohit Agarwal, Adv.
                                                 Mr. Rahul Kumar, Adv.
                                                 Mr. Aman Kumar, Adv.
                 For the Opposite Party/s :      Mr.Dr. K.N. Singh (A.S.G.)
                 For the E.D.             :      Mr. Prabhat Kr. Singh, Adv. (Retainer Counsel)
                                                 Mr. Raghaw Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

6   13-01-2026                    Heard the parties.

                                2. The petitioner is seeking regular bail in connection

                   with Special Trial (PMLA) Case No. 03 of 2024 (Supplementary

                   record of Special Trial (PMLA) Case No. 12 of 2023) arising out

                   of ECIR No. PTZO/27/2023, registered for the offences

                   punishable under Section 4 read with Section 70 of the PML Act,

                   2002.

                                3. The prosecution case, in brief, is that on 07.12.2021,

                   Ms. Carmel Fox, an Irish national, reported a fraud at Dungarvan

                   Garda Police Station, stating that she received a call from a person

                   posing as ‘Stephanie’ from Eircom Technological Service, who

                   induced her to provide laptop access through TeamViewer and
Patna High Court CR. MISC. No.61387 of 2025(6) dt.13-01-2026
                                            2/3




          obtained her bank details on the pretext of a broadband refund. It

          is alleged that an amount of 950 Euros was fraudulently debited

          from her Visa credit card through the Rewire app, which she had

          neither installed nor used. As per information received from NCB-

          Ireland, the said amount was transferred from the Rewire account

          to an HDFC Bank account in the name of Nitesh Kumar of Bihar,

          India, who is arrayed as one of the accused.

                       4. The learned counsel for the petitioner has submitted

          that the petitioner is innocent and has falsely been implicated in

          this case. No prima facie offence of money-laundering under

          Section 3 of the PMLA is made out, as there are no established

          proceeds of crime attributable to the petitioner. Mere allegation of

          recovery of cash from the premises does not attract the offence,

          particularly when the seized amount is stated to belong to the co-

          accused. The only allegation against the petitioner is that he was

          an associate of the co-accused, which by itself does not constitute

          any offence. All records and electronic evidence have already been

          seized and the petitioner has been interrogated at length, during

          which nothing incriminating was recovered. No bank account,

          mule account, or foreign remittance has been shown to be in the

          name of or operated by the petitioner. The petitioner has fully

          cooperated with the investigation and provided explanations for all

          entries. In view of the settled law and absence of mens rea, the
           Patna High Court CR. MISC. No.61387 of 2025(6) dt.13-01-2026
                                                       3/3




                     rigours of Section 45 of the PMLA are not attracted. He has further

                     submitted that the petitioner is a person of clean antecedent and

                     has been in custody since 04.05.2024. He has also submitted that

                     on exactly similar footing, co-accused Sagar Yadav has been

                     granted bail by a co-ordinate Bench of this Court in Cr. Misc. No.

                     52321 of 2024.

                                  5. On the other hand, the learned counsel for the

                     Enforcement Directorate has opposed the prayer for bail.

                                  6.   Considering        the    above-mentioned   facts   and

                     circumstances, let the petitioner above-named, is directed to

                     furnish bail bond and on doing so, the court below shall release the

                     petitioner on bail on furnishing bail bonds of Rs.10,000/- with

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

                     Special Judge (PMLA)-cum-Special Judge, Patna/Concerned

                     Court in connection with Sessions (Trial) (PMLA) Case No. 03 of

                     2023, subject to the following conditions that the petitioner shall

                     cooperate in the disposal of trial and make himself available as

                     and when required by the court.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T


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