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Patna High Court

Jai Narayan GuptaversusThe Union of India through the Director, Directorate of Enforcement

Decided
Disposal
ALLOWED

Holding

The High Court modified condition (ii) of the bail order, allowing the petitioner to appear before the District and Sessions Judge-cum-Special Judge (P.M.L.A.) as and when required.

Summary

The petitioner, Jai Narayan Gupta, was granted bail by the Patna High Court in connection with a Special Trial (P.M.L.A.) case. He filed an application seeking modification of one of the bail conditions imposed, specifically condition (ii) which required his appearance before the court. The petitioner argued that the condition was overly restrictive and sought to be allowed to appear before the District and Sessions Judge-cum-Special Judge (P.M.L.A.) as and when required. The Court considered the application and, finding merit in the petitioner's request, modified condition (ii) to permit appearance before the concerned lower court at its discretion. Consequently, the bail order was altered to reflect this change, while the other conditions remained unchanged.

Issues considered

  • What is the appropriate scope for modifying bail conditions under the PMLA in a High Court proceeding?

Subjects

  • bail
  • modification
  • PMLA
  • Special Trial
  • High Court
  • Enforcement Directorate

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.9552 of 2026
                                                In
                                CRIMINAL MISCELLANEOUS No.17036 of 2025
                   Arising Out of PS. Case No.-7 Year-2022 Thana- E.C.I.R (GOVERNMENT OFFICIAL)
                                                       District- Patna
                 ======================================================
                 Jai Narayan Gupta S/O Late Om Prakash Gupta R/O 1DA Manikala, 156C
                 Manikala Main Road, Kolkata, West Bengal, 700054

                                                                               ... ... Petitioner/s
                                                Versus
           1.    The Union of India through the Director, Directorate of Enforcement
                 Pravartan Bhawan, APJ Abdul Kalam Road, New Delhi, 110011
           2.    The Deputy Director, Directorate of Enforcement, Patna Zonal Office First
                 Floor, Chandpura Place, Bank Rad, West Gandhi Maidan, Patna
           3.    The Assistant Director, Directorate of Enforcement, Patna Zonal Office First
                 Floor, Chandpura Place Bank Road West Gandhi Maidan, Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr.Mrigank Mauli, Sr. Advocate
                                                Mr.Sanket, Advocate
                 For the E.D.            :      Mr. Tuhin Shankar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-02-2026                    Heard Mr. Mrigank Mauli, learned Senior Counsel

                   for the petitioner and Mr. Tuhin Shankar, learned counsel for the

                   Enforcement Directorate.

                                 2. This is an application for modification of the order

                   dated 22.09.2025 passed in Cr. Misc. No. 17036 of 2025 by this

                   Court, by which the petitioner was granted bail in connection with

                   Special Trial (P.M.L.A.) Case No. 08/2024 arising out of

                   Supplementary Record of Special Trial (P.M.L.A.) Case No.

                   09/2023.

                                 3.     In the present application, the petitioner wants
              Patna High Court CR. MISC. No.9552 of 2026(2) dt.16-02-2026
                                                          2/2




                        modification of one of the conditions imposed by this Court while

                        granting bail to the petitioner.

                                     4. For the reasons mentioned in the modification

                        petition, the same is allowed. Accordingly, condition no. (ii) is

                        modified to the extent that the petitioner is directed to appear

                        before the court of learned District and Sessions Judge-cum-

                        Special Judge (P.M.L.A.), Patna as and when required by the

                        concerned court below.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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