Supreme Court grants bail to Azam Khan, son in machine theft case

The Supreme Court on Thursday (February 13, 2025) cancelled the bail granted to an accused in a sand mining case being investigated by the Enforcement Directorate and directed him to surrender before the special court concerned within one week.

Kanhaiya Prasad was arrested on September 18, 2023. He remained in incarceration for over seven months and the Patna High Court granted him bail on May 6, 2024. Considering the ED’s plea, the Supreme Court rejected his prayer to continue on bail till his bail application was decided afresh by the High Court.

“It is well settled position of law that Section 45 of the PMLA starting with a non-obstante clause has an overriding effect on the general provisions of the Code of Criminal Procedure in case of conflict between them,” said the order, adding that “the conditions enumerated in Section 45 will have to be complied with even in respect of application for bail made under Section 439 of Cr.P.C”.