Mumbai Builder Anubhav Agarwal Granted Interim Bail In Money Laundering Case

Anubhav Agarwal, a Mumbai-based builder and the Managing Director of RNA Developers, was recently granted interim bail in a money laundering case. This case is tied to allegations involving Sanjeev Hans, a Bihar-cadre 1997-batch Indian Administrative Service (IAS) officer, who has served as the principal secretary of the Bihar energy department and Gulab Yadav, a former Rashtriya Janata Dal (RJD) legislator. ED had moved a plea for transit remand for three days to present Agarwal before the special court, Patna

Agarwal was arrested in Mumbai on Friday by the Patna unit of the Enforcement Directorate. The case itself stems from investigations into financial irregularities associated with public officials, with the ED previously arresting Hans and Yadav for their roles. The money laundering allegations involve significant cash transactions and properties tied to public corruption cases in Bihar.

Agarwal’s defence, led by counsels Vikram Nankani and Sajal Yadav, argued that his arrest violated constitutional provisions, which require an accused to be presented before a court within 24 hours of detention. They highlighted that although the official arrest was recorded at 10:40 PM on November 15, Agarwal had been detained as early as 6 AM that day. Therefore, they contended that the 24-hour period should be calculated from the initial detention, not from the time of the formal arrest.  

Special Judge N G Shukla, after considering the defense’s arguments, rejected the ED’s plea for remand and granted Agarwal interim bail. However, the court imposed strict conditions on the builder, prohibiting him from leaving Mumbai without prior court approval and requiring his full cooperation with the ongoing investigation, even if it necessitates travel to Patna. The interim bail will remain in place until Agarwal applies for regular bail in the appropriate court.

The Patna ED money laundering case stems from an FIR lodged by the Bihar police. The special vigilance unit of the Bihar police lodged a case on the recommendation of ED, which had found evidence of financial irregularities against  Hans and 12 others. 

The ED alleges that Hans acquired illicit wealth through corrupt and criminal activities while holding various key positions in the Bihar government. The agency further claims that Agarwal was allegdly central to efforts aimed at securing a favourable outcome for his group’s company, East and West Builders, in a case pending before the National Consumer Dispute Redressal Commission (NCDRC). The case, which dates back to 2011, saw legal action against M/s East and West Builders, a sister concern of M/s RNA Corp, and led to summons being issued for Agarwal’s mother, Mrs. Saranga Agarwal, due to non-compliance with NCDRC orders. 

According to the ED’s investigation, Vipul Bansal, an associate of Hans and former Personal Secretary to the Cabinet Minister of Consumer Affairs, played a significant role in facilitating the bribery scheme. Bansal allegedly arranged a meeting between Agarwal and Hans, during which it is claimed that Hans used his political influence to manipulate court proceedings, helping prevent the arrest of Agarwal’s mother, Saranga Agarwal, in relation to non-compliance with NCDRC orders.

WhatsApp chats recovered from Hans’s phone reportedly corroborate these claims. Bansal, during his testimony under the Prevention of Money Laundering Act (PMLA), 2002, confirmed that Agarwal allegedly paid a bribe of Rs 1 crore to Hans, facilitated through Bansal, between 2019 and 2020. The bribe was reportedly given in exchange for Hans’s intervention in the legal case, ensuring favorable outcomes for Agarwal’s company. 

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