IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89500 of 2025 Arising Out of PS. Case No.-3 Year-2020 Thana- E.C.I.R (GOVERNMENT OFFICIAL) District- Patna ====================================================== Chandeshwar Prasad Yadav Son of Late Devnandan Prasad Yadav @ Late Deonandan Prasad Resident of Village -Madarpur PS -Hillalpur PS- Ganga Bridge Dist -Vaishali, At Present residing at N.C. Ghosh Lane, Yarpur PS -Jakkanpur Dist -Patna ... ... Petitioner/s Versus 1. The Union of India, through Assistant Director, Enforcement Directorate, Govt. of india, The Union of India, through Assistant Director, Enforcement Directorate, Govt. of india, Patna Zonal Officer, Chandpura Place, Bank Road, patna 2. Assistant Director, Enforcement Directorate, Government of India Patna Zonal Officer, Chandpura Place, Bank Road, Patna 2. Assistant Director, Enforcement Directorate, Govt. of india, Patna Zonal Officer, Chandpura Place, Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nikhil Kumar Agrawal, Advocate For the Opposite Party/s : Mr. Dr. Krishna Nandan Prasad (A.S.G) For the E.D. : Mr. Tuhin Shankar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 6 07-08-2026 Heard Mr. Nikhil Kumar Agrawal, learned counsel for the petitioner and Mr. Tuhin Shankar, learned counsel representing the Enforcement Directorate. 2. The petitioner is in custody in connection with Special Trial (PMLA) Case No. 06 of 2021 arising out of ECIR/PTZO/03/2020 of ED, Patna dated 28.02.2020 for the offence punishable under sections 4 of the Prevention of Money Laundering Act, 2002 (PMLA). Patna High Court CR. MISC. No.89500 of 2025(6) dt.07-08-2026 2/11 3. As per the complaint made by the Chief Vigilance Officer-cum-Senior Deputy General Manager, Eastern Railway, Kolkata, number of condemned wagons and released wheel sets worth Rs. 34 crores were found missing/misappropriated and accordingly, needle of suspicion was pointed towards the loan auction purchase M/s Shree Maharani Steel, Patna, Proprietor as also the petitioner herein who at that point of time was serving as the Senior Section Engineer, Jamalpur Railway Workshop, Jamalpur. Being posted between the period 01.04.2013 to 31.03.2017. Subsequently, the Enforcement Directorate also instituted case and as during the earlier phase of enquiry/investigation, the petitioner was non-cooperative and did not produce the relevant document, he was arrested and is now in judicial custody. 4. The petitioner earlier moved before this Court in Cr. Misc. No.72156 of 2022 (Chandeshwar Prasad Yadav vs. The Union of India) which came to be rejected on 13.11.2024, whereafter the second petition. 5. The case of the petitioner is/are as follows: (i) he was sent to look after SSE Condemnation between 7 of 16 hours on each working day and guidelines were not Patna High Court CR. MISC. No.89500 of 2025(6) dt.07-08-2026 3/11 issued by the Officer; (ii) That on the receipt of SRO, the wagon listed in SRO were jointly handed by him, CDMS, ISA, RPF to the purchaser for cutting; (iii) after cutting, excluded fittings were taken from the purchaser by all above signatories; (iv) physical availability of condemned wagon placed at Dhobi Ghat was jointly being checked by CDMS and SSE condemnation. (v) sale of condemned wagon was not proposed by accused-petitioner rather it was proposed by SSE/ Condemnation Cell of shop; (vi) availability of excluded fittings of condemned wagons was jointly being inspected and recorded by all signatories i.e. ISA, CDMS, RPF/ IPF and SSE Condemnation; (vii) holding capacity of Dhobi Ghat Siding Patna High Court CR. MISC. No.89500 of 2025(6) dt.07-08-2026 4/11 is 40 wagons; (viii) further, the differences of excluded fittings were due to: (a) 94 pairs of wheels were sent to shop by SSE/ TPT rail without information to petitioner; (b) M/S Maharani Construction was given works to lift 223 and 212 Number of wheels but the above firm when lifted the wheel set did not intimate the accused petitioner. (ix) the placement and drawing of condemned wagon was performed by SSE TPT during night hours without the written information to the petitioner so making of FIR without documentary proof does not arise. However, SI, RPF and other concerned officers of AWM, WM, AMM were verbally apprised by accused petitioner; Patna High Court CR. MISC. No.89500 of 2025(6) dt.07-08-2026 5/11 (x) it is untrue to say that delivery of 63 non-existent condemned wagons was arranged by petitioner alone rather it was arranged by all signatories of delivery memo due to pressure from purchaser; (xi) purchaser continued cutting of wagon on Sundays and holidays and when it came to notice of accused petitioner then subject matter was brought to the knowledge of SI of RPF; (xii) the said amount was not earned by the accused petitioner but by his family members due to hard work; (xiii) further the father of the accused petitioner was loco pilot and had earned a lot of money through known sources and he handed the whole wealth to this family members; 6. The stand of the opposite party is the same that they have already presented in Cr. Misc. No.72156 of 2022 and paragraph no.7 of the said counter affidavit read as follows: Patna High Court CR. MISC. No.89500 of 2025(6) dt.07-08-2026 6/11 7. (i) It is submitted that an ECIR bearing No. PTZO/03/2020 was recorded on 28.02.2020 on the basis of CBI FIR No. RC0232018A0004 dated 09.02.2018, for investigation under the provisions of the Prevention of Money Laundering Act (PMLA), 2002 for the offence of money laundering defined under section 3 thereof. The accused persons Chandeshwar Prasad Yadav, Ex Senior Section Engineer, Eastern Railway Workshop, Jamalpur (petitioner) during the period from 01.04.2013 to 31.03.2017 and Dewesh Kumar, proprietor of M/s Shree Maharani Steel, Patna are alleged to have committed offence under Section 420 and 120B of the IPC, 1860 and section 13 (2) r/w 13 (1) (c) of PC Act, 1988 as evident in the FIR No. RC0232018A0004 dated 09.02.2018 of CBI/ACB/Patna which is also a scheduled offence under PMLA, 2002. Further, it is submitted that a Charge Sheet No. 15/2021 dated 27.08.2021 was filed in the above mentioned FIR by the CBI/ACB/Patna Patna High Court CR. MISC. No.89500 of 2025(6) dt.07-08-2026 7/11 against the following persons for contravention of section 120B r/w 409 and 420 of IPC, 1860 and section 13 (2) r/w 13 (1) (c) of PC Act, 1988:- Sl. No. Name of persons/firm 1. Dewesh Kumar, Proprietor of M/s Shree Maharani Steel, Patna 2. Chandeshwar Prasad Yadav, Ex Senior Section Engineer, Eastern Railway Workshop, Jamalpur (the present petitioner) (ii) Further, investigation revealed that total 67 nos. of condemned wagons were misappropriated from Dhobi Ghat Siding, Jamalpur Railway Workshop, Jamalpur during the check period 01.04.2013 to 31.03.2017 and the value of these 67 nos. of condemned wagons along with its excluded fittings is Rs.3,07,14,767/-. Thus, the total loss occurred to the Railways due to misappropriation of these 67 nos, of condemned wagons is Rs.3,07,14,767. (iii) It is further submitted that following nos. of excluded fittings were also misappropriated during the check period 01.04.2013 to 31.03.2017 and the nos. of these Patna High Court CR. MISC. No.89500 of 2025(6) dt.07-08-2026 8/11 misappropriated items are as mentioned below:- Sl. Name of the Item Total nos. of items No. Misappropriated 1. Casnub Bogie 1413 2. Wheel Sets 2959 3. Draft Gear 1463 4. Coupling Body 1430 5. Yoke & Yoke Pin 1237 6. Bolster Spring 11,107 7. Yoke supporting Plate 1025 8. Striker Casting 1437 The value of all these above mentioned items as per standard rate decided by Railway department is Rs. 19,08,91,174/-. Thus investigation revealed that the total loss occurred to Railways due to the misappropriation of condemned wagons and other excluded fittings during the period 01-04- 2013 to 31-03-2017 is Rs. 22,16,05,941/- (Rs. 3,07,14,767/- + Rs. 19,08,91,174/-). 7. Learned counsel for the petitioner as also learned counsel for the Enforcement Directorate submits that the present status report is that 14 out of 19 witnesses have been examined and 5 more are to be examined. 8. The submission is that he has remained in custody Patna High Court CR. MISC. No.89500 of 2025(6) dt.07-08-2026 9/11 since 07.09.2021 and one of the co-accused Devesh Kumar @ Dewesh Kumar who was also in custody since 14.08.2021, moved before this Court and a coordinate Bench on 09.07.2025 allowed the prayer in Cr. Misc. No. 7544 of 2025. 9. Mr. Tuhin Shankar, representing the Enforcement Directorate though opposes the prayer concede that he has remained in custody for almost five years and similar situate person (Devesh Kumar) has since been granted relief. Further, he apprehends that the release may hamper the conclusion of trial as it was only due to the petitioner being in custody that the trial has moved with pace and has almost reached the concluding stage. 10. To this, the contention of the petitioner’s counsel is that he has remained in custody for almost five years and if granted relief, shall be diligently appearing in trial without fail and failure to do so, the Enforcement Directorate/concerned Court can take immediate steps for cancellation of bail bond. 11. Taking into account the aforesaid facts, as also that the similar situate Devesh Kumar has been granted bail and further accepting the words of the learned counsel for the petitioner that he shall be diligently appearing in trial without fail so that it is taken to its logical conclusion, failure to do so Patna High Court CR. MISC. No.89500 of 2025(6) dt.07-08-2026 10/11 the Enforcement Directorate/concerned court shall take steps for cancellation of bail bond, in that background, this Court is inclined to extend him relief. 12. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge (PMLA), Patna, in connection with Special Trial (PMLA) Case No. 06 of 2021 arising out of ECIR/PTZO/03/2020 of ED, Patna subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Voter Id/Driving License/Pan Card) to show his/her bona fide; (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iii) if the petitioner have any passport, it will be surrendered before the court concerned till the conclusion of the trial; (iv) the petitioner shall in no way try to induce or Patna High Court CR. MISC. No.89500 of 2025(6) dt.07-08-2026 11/11 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. vinayak/- (Rajiv Roy, J) U T