Amit Kumar @ Bachcha Rai @ Amit ... vs Union Of India Through Anish ...
2023 Latest Caselaw 5051 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.59613 of 2023
   Arising Out of PS. Case No.-4 Year-2017 Thana- GOVERNMENT OFFICIAL COMP.
                                      District- Patna
======================================================

Amit Kumar @ Bachcha Rai @ Amit Kumar Nirala Son Of Rajdeo Roy R/O- Kiratpur Rajaram, P.S. And P.O.-Bhagwanpur, Distt.-VAISHALI

... ... Petitioner/s Versus Union Of India Through Anish Kumar, Assistant Director, (pmla), Directorate Of Enforcement 1st Floor, Chandpura Palace, Bank Road, West Gandhi Maidan, Patna-800001

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.Hemant Kumar, Advocate For the Opposite Party/s : Dr.K.N.Singh(A.S.G) Sr. Advocate Mr. Manoj Kumar Singh, PMLA Mr. Ankit Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT Date : 05-10-2023

Heard Mr. Hemant Kumar, learned counsel for the

petitioner and Mr. Manoj Kumar Singh, learned counsel

appearing for the PMLA.

2. The present bail application has been filed in

connection with Special Trial No. (PMLA) 08 of 2018 arising

out of ECIR No. PT20/04/2017 under section 4 of the PMLA

2002.

3. As per the prosecution story, the Assistant

Director (PMLA), Directorate of Enforcement, Patna filed

complaint under section 45 of Prevention of Money Patna High Court CR. MISC. No.59613 of 2023 dt.05-10-2023

Laundering Act, 2002 (henceforth for short 'the PMLA Act',

2002) for the commission of the offence under section 3

punishable under section 4 of 'the PMLA' Act in connection

with the Kotwali P.S. Case No. 279 of 2016 in which charge-

sheet was submitted under sections 409, 420, 465, 468, 471,

120(B), 212, 188, 201 of the Indian Penal Code and sections

8, 9, 13 (1) (c) (d) (e) read with Section 13(2) of the

Prevention of Corruption Act, 1988.

The allegation is of amassing of property worth Rs.

1, 99, 11, 000/- in his name as well as in the names of his

family members.

4. This case has chequered history. The petitioner's

journey of filing of anticipatory bail application started in

the year 2019 when he preferred Cr. Misc. No. 22206 of

2019. After hearing the parties and perusing the record, the

Patna High Court (Hon'ble Mr. Justice Vinod Kumar Sinha,

as his Lordship then was), taking into account the kind of

allegation that was there against the petitioner rejected, the

same vide an order dated 13.5.2019.

5. Aggrieved, the petitioner moved before the

Hon'ble Apex Court in SLP (Crl) No. 6483 of 2019. It was

heard and disposed of on 1.8.2019 and it is important to Patna High Court CR. MISC. No.59613 of 2023 dt.05-10-2023

incorporate the relevant part of the order which read as

follows:

"Learned counsel also seeks to

rely on the medical reports of the

petitioner to contend that there is

no improvement in his medical

condition or rather there is a

deterioration.

It is also contention of the

petitioner that the case in question

arises from the same predicated

offence in respect of which the

investigation is complete.

On hearing learned Senior

counsel for the petitioner, we are

of the view that the aforesaid

aspects would be considered in

the case of the regular bail and

would not entitled the petitioner to

anticipatory bail and that is the

reason we are not not inclined to

interfere with the impugned order.

Patna High Court CR. MISC. No.59613 of 2023 dt.05-10-2023

We are, thus, of the view that the

petitioner should move for regular

bail and if such application is

moved, the same would be

considered expeditiously.

In view of the medical conditions

of the petitioner, we consider it

appropriate to give a breather to

the petitioner of two weeks so that

the application can be moved by

the petitioner and we expect the

Court concerned to examine the

application within that period of

time. It will be open to the Court

considering the matter to extend

this protection in case so required.

The special leave petition is

disposed of with the aforesaid

directions.

                                           Pending          applications   stand

                                           disposed of".

6. From the order passed by the Hon'ble Apex Patna High Court CR. MISC. No.59613 of 2023 dt.05-10-2023

Court on 13.5.2019, it is clear that while extending interim

protection for two weeks, the petitioner was asked to move in

bail. Instead, the petitioner on his own decided to sit over the

said direction of the Hon'ble Apex Court for the next four

years.

7. Once again, in the year 2023, he chose to move

before the Hon'ble apex Court vide Miscellaneous

Application No. 481 of 2023 in SLP (Crl) No. 6483 of 2019

with a prayer to allow him to represent through a counsel in

the proceeding and further wanted to join it virtually. The

same was allowed on 6.4.2023.

8. Subsequently, the matter was taken up on

28.4.2023 when learned Additional Solicitor General

appearing for the Union of India pointed out that the

petitioner was supposed to apply for regular bail in terms of

first order dated 1.8.2019 of the Hon'ble Apex Court.

However, instead of abiding by the order, he actually is

seeking extension of anticipatory bail on medical ground.

Taking into account the aforesaid submission, the Hon'ble

Apex Court passed the following order:

"Learned ASG rightly points out

that the petitioner had to apply Patna High Court CR. MISC. No.59613 of 2023 dt.05-10-2023

for regular bail and in terms of

order dated 01.08.2019, it was

observed so. This was in turn

based on the medical condition

of the petitioner.

What is happening is that the

petitioner is seeking extension of

anticipatory bail order on

medical condition.

On our query, learned counsel

for the petitioner submits that he

will apply for regular bail within

a week with all the medical

records and the trial Court is

expected to consider the aspects

of the medical record inter alia

while determining whether the

petitioner should be granted

bail.

The trial Court will endeavour

to decide the application as early

as feasible and in the meantime Patna High Court CR. MISC. No.59613 of 2023 dt.05-10-2023

the interim arrangement arrived

at by order dated 06.04.2023

would continue to enure for the

benefit of the petitioner.

If the petitioner does not apply

for regular bail within a week,

the order would automatically

stands vacated.

IA No. 57582/2023 accordingly

stands disposed of.

MA also stands disposed of

(Annexure-5/A).

9. From the aforesaid facts as also the orders of

the Hon'ble Apex Court, it is very clear to this Court that the

petitioner was supposed to move before the concerned Court

in bail. In other words, he should have filed surrender cum

bail application before the PMLA Court within a week in

compliance of the order dated 28.4.2023 of the Hon'ble Apex

Court.

10. Instead, he once again chose to appear virtually

before the learned Special Judge, Patna in Special Trial

(PMLA) No. 08 of 2018. The matter was taken up on Patna High Court CR. MISC. No.59613 of 2023 dt.05-10-2023

18.5.2023 and after incorporating the entire facts as also

allowing the petitioner to appear virtually, the learned Special

Judge rejected the petition and it is important to incorporate

the relevant paragraph which read as follow:

"Petitioner-accused, Amit Kumar @

Bachcha Rai @ Amit Kumar Nirala

appeared virtually and submitted that

he is not well, as such he is not

appearing physically in the court and if

he will be granted regular bail and any

condition will be imposed then he is

ready to comply with the condition.

There is no doubt that in regular bail

the accused is bound to appear before

the court but considering the above said

facts, I think it proper, legal and

judicious to dispose of the petition filed

on behalf of the petitioner accused,

Amit Kumar @ Bachcha Rai @ Amir

Kumar Nirala on whose behalf regular

bail petition has been filed and he is ill,

which appears from the medical Patna High Court CR. MISC. No.59613 of 2023 dt.05-10-2023

prescription filed by him. However, the

allegation against the petitioner-

accused is very serious in nature that he

acquired to the tune of Rs.1,99.11,000/-

and invested the same in the form of

movable and immovable property in his

name as well as his wife, namely

Sangeeta Rai in between in the year

2010-2015 through proceeds of the

crime. Therefore, prima facie it appears

that petitioner-accused, Amit Kumar @

Bachcha Rai @ Amit Kumar Nirala

has committed the offence of money

laundering as defined under Section 3

of the Prevention of Money Laundering

Act and punishable under Section 4 of

the Prevention of Money Laundering

Act 2002.

                                      There is no doubt that on behalf of

                                    petitioner-accused         Amit    Kumar    @

                                    Bachcha Rai @           Amit Kumar Nirala

medical prescription has been filed Patna High Court CR. MISC. No.59613 of 2023 dt.05-10-2023

which shows that he is ill. But in the

present case, there are material on

record against the petitioner-accused. It

is also not disputed that whomever

perpetrated this grave economic offence

deserves to be deal with sternly under

low. Moreover, Section 24 of the Act

provides than "Unless the contrary is

proved, the Authority or the court shall

presume that proceeds of crime are

involved in money laundering and

burden to prove that the proceeds of

crime are not involved, lies on the

unused

Considering all the above said facts of

the case, basically the allegation as

made in para 1 to 19 of the complain

petition i.e. purchase of property from

the proceeds of the crime and projecting

it as untainted property by Amit Kumar

@ Bachcha Rai @ Amit Kumar Nirala I

am of the opinion that petitioner-

Patna High Court CR. MISC. No.59613 of 2023 dt.05-10-2023

accused, Amit Kumar @ Bachcha Rai

@ Amit Kumar Nirala does not deserve

the privilege of bail and as such I am

not inclined to allow the bail petition

dated 03.05.2023 filed on behalf of

petitioner-accused, Amit Kumar @

Bachcha Rai @ Amit Kumar Nirala.

It is, therefore, ordered that this bail

petition filed on behalf of the petitioner-

accused, namely: Amit Kumar @

Bachcha Rai @ Amit Kumar Nirala is,

hereby rejected.

11. Still aggrieved, the present petition has been

preferred under sections 439 and 440 of the Cr.P.C., 1973. It

is important to note here that the petitioner is not in judicial

custody. Thus, the journey of bail application(s) which started

with the rejection of first anticipatory bail on 13.5.2019 in Cr.

Misc. No. 22206 of 2019 has come full circle.

12. Learned counsel appearing for the petitioner

submits that to his understanding the direction of the Hon'ble

apex Court was to file regular bail which has been filed

before the learned Special Judge and as the word surrender Patna High Court CR. MISC. No.59613 of 2023 dt.05-10-2023

was missing in the order, he appeared virtually.

13. As stated above, after the rejection of his

petition before the learned Special Judge, here also he has

used the word grant of bail which is actually an anticipatory

bail application in the garb of bail petition.

14. Mr. Manoj Kumar Singh, learned counsel

appearing for the Union of India vehemently opposed the

prayer stating that the petitioner is playing with the law of the

land since May, 2019 when his anticipatory bail was rejected.

He has virtually chosen to defy the direction of the Hon'ble

Apex Court despite the long rope extended to him.

15. Mr. Singh submits that after rejection of his

anticipatory bail in 2019, he moved before the Hon'ble Apex

Court and a clear direction was given to him on 1.8.2019 to

seek bail while granting interim protection. But he defied the

order of the Hon'ble Apex Court for the next four years

before once again he filed Miscellaneous Application No.

481 of 2023. It was considered by the Hon'ble Supreme

Court and once again he was allowed to surrender.

16. He has taken this Court to the last order dated

28.4.2023 where the learned ASG pointed out that in the garb

of medical condition, he is actually seeking extension of Patna High Court CR. MISC. No.59613 of 2023 dt.05-10-2023

anticipatory bail. The Hon'ble Apex Court accordingly made

it clear that in case he does not seek bail within a week, the

order would automatically stand vacated.

17. The submission of learned counsel for the

PMLA that the petitioner once again defied the order and

chose not to surrender rather requested the PMLA Court to

allow him to appear virtually which the Court acceded to and

thereafter having reasoned out the facts of the case rejected

his bail application.

18. Even then, he chose not to surrender and make

out a case for his bail on medical ground and in that

background no relief can be granted.

19. Having heard the parties and after perusing the

records, this Court finds force in the submissions put forward

by the learned counsel for the PMLA, Mr. Manoj Kumar

Singh. The order dated 28.4.2023 of the Hon'ble Apex Court

was very clear. He was to apply for bail within a week along

with medical reports which was to be taken into account by

the learned Trial Court and an order was to be passed

thereafter.

20. Instead, under ill advise, he is showing his

thumb to all the Courts where he is making applications with Patna High Court CR. MISC. No.59613 of 2023 dt.05-10-2023

the sole purpose to have an order of his choice. Thus his case

does not come in the category of sympathetic consideration.

21. It is surprising that despite the petitioner

defying the order of Hon'ble Apex Court and the interim

protection granted to him lapsed a week after 28.4.2023 still

the prosecuting Agency has taken no steps to arrest him. It is

high time they act in the matter so that the trial is taken to its

logical conclusion.

22. The petition stands rejected.

(Rajiv Roy, J) Ravi/-

AFR/NAFR                AFR
CAV DATE
Uploading Date          09.10.2023
Transmission Date       09.10.2023