IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 495 of 2025 -----

Bhagwan Bhagat, aged about 47 years, son of Jaganath Bhagat, resident of Ratanpur, Barharwa, P.O. Barharwa, P.S. Barharwa, District Sahibganj, Jharkhand-816101. … … Petitioner Versus Union of India through the Directorate of Enforcement … … Opposite Party With Cr. Revision No. 459 of 2024 -----

Bhagwan Bhagat, aged about 46 years, son of Jaganath Bhagat, resident of Ratanpur, P.O. & P.S. Barharwa, Sahibganj, Jharkhand-816101.

… … Petitioner Versus Union of India through the Directorate of Enforcement … … Opposite Party ------

CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD -------

For the Petitioners : Mr. Indrajit Sinha, Advocate Mr. Rishav Kumar, Advocate Mrs. Sneh Singh, Advocate For the Opposite Parties : Mr. Amit Kumar Das, Advocate Mr. Saurav Kumar, Advocate Mr. Varun Girdhar, Advocate Mr. Manmohit Bhalla, Advocate ------

C.A.V./Reserved on 26.11.2025 Pronounced on 10/12/2025

1. Since these matters are interlinked and, as such, both are heard together and being disposed of by this common order/judgment.

2. Both of these Criminal Revision petitions have been filed under sections

438 & 442 of Bhartiya Nagarik Suraksha Sanhita, 2023.

3. Criminal Revision No. 459 of 2024 is directed against the order dated

01.03.2024 passed by the learned Additional Judicial Commissioner- XVIII-cum-Special Judge, PML Act, Ranchi in connection with ECIR Case No. 04 of 2022 in ECIR/RNZO/03/2022 registered for the offence under Sections 3 punishable under Section 4 of the Prevention of Money Laundering Act, 2002 (in short PMLA,2002) whereby and whereunder, the Miscellaneous Criminal Application No.526 of 2024 filed by the petitioner seeking discharge, has been rejected.

4. Criminal Revision No. 495 of 2025 is directed against the order dated

14.03.2024 passed by the learned Additional Judicial Commissioner- XVIII-cum-Special Judge, PML Act, Ranchi in connection with ECIR Case No. 04 of 2022(B) (also referred to as ECIR Case No.0010004/2022) in ECIR/RNZO/03/2022 registered for the offence under Section 3 punishable under Section 4 of the Prevention of Money Laundering Act, 2002, whereby and whereunder, the charge has been framed against the petitioner.

Factual Matrix

5. The brief facts of the case as per the pleadings made in the instant petitions which requires to be enumerated herein, read as under:

(i) An ECIR bearing number 03/2022 (RUD No. 1 of PC dated

16.09.2022) was recorded based on FIR number 85/2020 dated 22.06.2020 (RUD No. 2 of PC dated 16.09.2022). The FIR was filed by the Barharwa Police Station, Sahebganj District, Jharkhand, under Sections 147, 149, 341, 342, 323, 379, 504, 506 r/w 120-B of the Indian Penal Code (IPC), 1860 against Pankaj Mishra, the assembly constituency representative of Barhait, Sahebganj, Jharkhand, and others. The complaint was lodged by Shri Sambhu Nandan Kumar, who alleged threats and obstruction on 22.06.2020 linked to participating in the tender for Barharwa Toll. Accused Pankaj Mishra reportedly warned and discouraged the complainant from participating in the tender. Upon refusal, the complainant was attacked by a mob associated with Pankaj Mishra.

(ii) The investigation has uncovered that the primary motive behind preventing the complainant's involvement in the Barharwa Toll tender was to gain control over the six tolls under Braharwa Nagar Panchayat. These tolls are situated along the route connecting mining sites to main roads, facilitating the transportation of mined materials. In Sahebganj District and nearby areas, significant illegal mining takes place alongside lawful mining activities. This control over the Braharwa Nagar Panchayat Toll would have empowered Pankaj Mishra and his accomplices to oversee the number of vehicles and the quantity of mined materials being transported, contributing to their dominance in the area.

(iii) Despite registering multiple FIRS related to illegal mining in Sahebganj and adjoining regions, such unlawful