2023 (3) TMI 894

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....nstituted under Section 4 of the PMLA, 2002. As per the prosecution story, Shri Kunal Kumar S/o Shri Lallu Patel resident of Mohalla -Rambagh P.S.-Mithanpura District-Muzaffarpur has lodged a complaint before the police authority on 22.12.2016 regarding the misuse of bank accounts having nos. (1) 661010034681 held with Kotak Mahindra Bank, Muzaffarpur & Account No. (i) 133005500452, (ii) 133001502974 & (iii) 030605500653held with ICICI Bank, Muzaffarpur, which were fraudulently opened by his employer Raj Kumar Goenka and his brother Ashok Kumar Goenka without his knowledge and consent. On the basis of the said complain, an FIR No. 298/16 dated 22.12.2016 was lodged at Police Station Mithanpura, Muzaffarpur, against Raj Kumar Goenka and A....

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....A. Learned Senior Counsel submits that from the sum and substance of the present case, it is clear that it was Raj Kumar Goenka who was managing the entire affair and in that circumstance, the allegations were made against him. However, after refusal of anticipatory bail Raj Kumar Goenka finally went into judicial custody and took the path of bail vide Cr. Misc. No.5378 of 2021 on 31.05.2021. So far as the other accused person Ratan Kumar Goenka is concerned, his anticipatory bail vide Cr.Misc. No.25531 of 2021 was rejected on 05.07.2022 with an observation that he should also take the route of Raj Kumar Goenka. However, being aggrieved he moved before the Supreme Court of India in Cr. Appeal (SLP)(Crl.) No.7106 of 2022 (Ratan Kuma....

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....same route. This Court has gone through the facts and circumstance of the case as also the orders passed in case of the two accused persons namely Raj Kumar Goenka and Ratan Kumar Goenka and is of the belief that since both the aforesaid persons have been extended relief, although Raj Kumar Goenka had to take recourse to bail while Ratan Kumar Goenka succeeded before Hon'ble Apex Court, the case will continue and ultimately the accused persons including the petitioner herein will have to face the music, this Court is inclined to grant him the same relief with conditions. Let the petitioner be released on bail, in the event of his arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this o....