2025:JHHC:26071 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P No. 518 of 2025 Bishnu Kumar Agarwala @ Bishnu Kumar Agarwal, aged about 56 years, S/o late Chiranjee Lal Agarwala, resident of Jhalda, PO and PS-Jhalda, District Purulia, West Bengal. ... … Petitioner(s) Versus Enforcement Directorate … … Opposite Party(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Indrajit Sinha, Advocate Mr. Arpan Mishra, Advocate For the Enforcement Directorate : Mr. Amit Kumar Das, Advocate Mr. Siddharth Jain, Advocate -------- Order No. 5 /Dated: 29th August 2025 The instant application has been preferred by the Petitioner for modification/alteration of the order dated 12.01.2024 passed by this Court in B.A No. 10166 of 2023 to the extent that the bail conditions set out at paragraph no. 23(i) may be deleted and the Passport of the Petitioner may be released and also the conditions set out at paragraph no. 23(iii) may be modified/relaxed w.r.t. his appearance on each and every date in connection with ECIR Case No. 5 of 2023 (arising out of ECIR No. RNZO/10/2023 dated 07.03.2023). 2. Mr. Indrajit Sinha, Ld. Counsel for the Petitioner submits that pursuant to the order passed by this Court in the above referred bail application, the Petitioner was granted bail and he is totally cooperating and has appeared on each and every date before the learned Trial Court; the details of which has been indicated in paragraph no. 8 of the instant application. Ld. Counsel further submits that the Petitioner established manufacturing unit of plastic bags for packaging of cement in the year 1997 at Purulia and in the span of two decades, the group expanded its business and diversified into various sectors. It has been further submitted that in pursuance to his business 2025:JHHC:26071 2 expansion etc. the Petitioner has to travel abroad at various places for exploring new opportunities/diversification in various fields; for which he requires his Passport so that he can travel abroad which he is unable to do due to the specific condition stipulated by this Court in its order dated 12.01.2024 as such, it may be directed that the Passport which has been surrendered by the Petitioner pursuant to the order passed in the Bail application, be released in his favour and he may be allowed to travel abroad. He further submits that so far as third condition with regard to appearing before the Ld. Trial Court on each and every date is concerned; as stated hereinabove, the Petitioner has till now appeared on each and every date but he is facing difficulty in appearing on each and every date; as such, the said condition may be relaxed to the extent that if the Trial Court specifically so directs, he will appear and in normal course, he may be directed to appear through his counsel. 3. Mr. A. K. Das, Ld. Counsel for the opposite parties opposes the prayer for releasing of Passport and submits that the Petitioner may not come and this will linger the trial and when the trial would be in crucial stage; then only due to his absence, it will be lingered; as such, a blanket order for moving abroad may not be granted. 4. Having heard learned counsel for the parties and after going through the averments made in the respective affidavits and also the conditions mentioned in the order granting bail dated 12.01.2024, it appears that this Court while granting bail has made following conditions: “23. Accordingly, in view of the discussions made above the petitioner is directed to be released on bail on furnishing bail bond of Rs. 100,000/- (One Lakh Only) with two sureties of the like amount each to the satisfaction of learned Additional Judicial Commissioner-I- Cum-Special Judge, PMLA, Ranchi, in connection with ECIR Case No. 5 of 2023 [arising out of ECIR No. RNZO/10/2023 dated 07.03.2023). However, the grant of bail is subject to following conditions:- (i) The petitioner shall surrender his passport before the learned trial court and if he wishes for release of the same, he shall make proper application before the concerned court who shall decide the application for release of passport on its on merit. (ii) The petitioner will not tamper with any evidence and/or will not threaten any of the witnesses. (iii) The petitioner shall appear before the Ld. Special Judge on each and every date unless exempted by the learned Trail court on being satisfied with the causes shown by the 2025:JHHC:26071 3 petitioner in this regard.” 5. So far as the first condition of the order dated 12.01.2024 [paragraph no. 23(i)] is concerned, which is with regard to surrender of Passport of the petitioner; looking to the overall facts and circumstances of the case, it appears that the interest of justice would be sufficed by modifying paragraph no. 23(i) of the order dated 12.01.2024 passed in B.A No. 10166 of 2023 as under: The Passport shall be released in favour of the Petitioner within a period of two weeks from the date of receipt/production of copy of this order. Whenever, the Petitioner wishes to go to any foreign country, he will seek permission from the Trial Court after serving copy of the petition to the opposite parties giving the date about his departure and arrival and the Ld. Trial Court would be at liberty to impose conditions when the Petitioner tries to go to any such foreign country. It is clarified that the Trial Court shall give permission looking to the stage of the trial and also bearing in mind that travelling abroad is a fundamental right and also that at one go, the Petitioner should not leave the country for more than six weeks. The Trial Court shall also keep in mind while granting permission that if the trial would be in a crucial stage, then it may refuse the permission looking to the stage of the trial. Accordingly, paragraph no.23(i) of the order dated 12.01.2024 passed in B.A No. 10166 of 2023 is modified in the aforesaid terms. 6. So far as paragraph no. 23(iii) of the order dated 12.01.2024 passed in B.A No. 10166 of 2023 is concerned; which is with regard to the direction upon the petitioner to appear on each and every date unless exempted by the learned trial Court; the same is modified to the extent that the Petitioner shall appear before the Trial Court through his counsel regularly. However, if the Trial Court deems it proper that the Petitioner shall appear on any such date; then the Petitioner shall appear on that 2025:JHHC:26071 4 very next date. Accordingly, paragraph no. 23(iii) of the order dated 12.01.2024 passed in B.A No. 10166 of 2023 is modified in the aforesaid terms. 7. With the aforesaid modification, the instant Cr.M.P stands disposed of. (Deepak Roshan, J.) Amit