IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42830 of 2025 Arising Out of PS. Case No.-4 Year-2024 Thana- E.C.I.R (GOVERNMENT OFFICIAL)

District- Patna ======================================================

Devinder Singh Anand, S/o Harbhajan Singh Anand, R/o 2-B, Kundan Nagar, Mumbai Pune Road, Opp Atlas Copco, Dapodi, Pune City, Pune, Maharashtra ... ... Petitioner 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 Rd, West Gandhi Maidan, Patna

3. Assistant Director, Directorate of Enforcement, Patna Zonal Office, First Floor, Chandpura Place, Bank Rd, West Gandhi Maidan, Patna ... ... Opposite Parties ======================================================

Appearance :

For the Petitioner/s : Mr. Mrigank Mauli, Senior Advocate Mr. Sanket, Advocate Mr. Navin Kumar Singh, Advocate For the Opposite Party/s : Mr. Zohaib Hossain, Special Counsel Mr. Tuhin Shankar, Retained Counsel Mr. Prabhat Kumar Singh, Retained Counsel Mr. Pranjal Tripathi, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

5 10-12-2025 Heard Mr. Mrigank Mauli, learned senior counsel appearing for the petitioner and Mr. Zohaib Hossain, learned Special Counsel appearing on behalf of Directorate of Enforcement (in short ‘E.D’).

2. The petitioner seeks bail in connection with Special Trial (PMLA) Case No.10 of 2024, which arises out of ECIR No.PTZO/04/2024 dated 14.03.2024 along with Addendum ECIR dated 20.09.2024 registered for the offences punishable under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (in short ‘PMLA’).

3. The petitioner is a man of clean antecedent and remains in custody since 12.11.2024.

4. The factual background of the prosecution case with defence version:-

(i) The brief summary of the case is that the respondent/DoE has filed its First Supplementary Prosecution Complaint dated 09.01.2025 (hereinafter referred in short as "the 1" SPC"), before the Ld. District & Sessions Judge Cum Special Judge (PMLA), Patna, wherein the petitioner has been arraigned as accused No. 13. It was further alleged that the Respondent/DoE has also proceeded to arraign the firm of the petitioner, namely, M/s Anand Trading Corporation as accused No. 14.

(ii) It is further alleged that the ECIR bearing No.

PTZO/04/2024 was registered by Respondent/DoE on 14.03.2024 on the basis of FIR bearing No. Rupaspur P.S. Case No. 18/2023, which was considered as predicate case to the subject ECIR by the Respondent/DoE. However, the said FIR bearing No. Rupaspur P.S. Case No. 18/2023 has already been quashed against the main accused, namely Sanjeev Hans by this Hon'ble Court vide its order dated 06.08.2024 in Criminal Writ Jurisdiction Case No. 310 of 2023. Thereafter, despite being well aware with the settled law that an ECIR cannot survive without the predicate case, the Respondent/DoE maliciously and malafidely sent the purported information under Section 66(2) of PMLA to the Special Vigilance Unit, Patna (SVU). Upon receipt of the information under Section 66(2) of PMLA, the SVU, Patna blindly proceeded to register a fresh FIR No. 05/2024 without enquiring into any alleged offence or information provided by the Respondent/DoE. It is further alleged that after registration of said FIR No. 05/2024 by SVU, Patna, the Respondent/DoE again registered an addendum ECIR dated 20.09.2024. It is most respectfully submitted that the above- mentioned conduct of the Respondent/DoE, makes it crystal clear that the entire case is a manufactured one and the petitioner has been falsely and maliciously implicated in the present case by the Respondent/DoE.

(iii) Subsequent to the registration of the ECIR and its Addendum ECIR, the Respondent/DoE conducted a botched-up investigation, and thereafter, had opte