Disposed¶20

Mr. Nitish Kumar v. The State of Bihar

Patna HC25 Nov 2024CWJC/3728/2024

Case brief

AI extract

What is this about?

Keywords: release of frozen bank account; State Bank of India Patna (P.B.B. Branch, S.K. Puri); alleged cyber crime involvement without particulars; police investigation stalled for twelve years; indemnity affidavit safeguard; petitioner to make good amounts if convicted; medical emergency; one-week release deadline; disposal with consent at admission stage; oral order; CWJC No.3728 of 2024; decided 25-11-2024; Justice A. Abhishek Reddy; Account No. 33031147513.

What did the court decide?

Direction to the Respondent-Bank (State Bank of India) to release the amount lying in the petitioner's Account No. 33031147513, subject to the petitioner furnishing an indemnity affidavit absolving the Bank, as expeditiously as possible and preferably within one week of receipt of the copy of the indemnity affidavit, owing to the petitioner's medical emergency.

Mr. Nitish Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the Respondent-Bank should be directed to release the amounts lying in the petitioner's Account No. 33031147513, given that the counter affidavit records no particulars of the petitioner's involvement in any cyber crime and the police investigation, if any, shows no progress after twelve years. +1 more

¶16

Court's answer

Since no particulars of the petitioner's involvement in any cyber crime appeared in the counter affidavit and the police investigation had shown no progress in twelve years, the Court held that the ends of justice would be met by directing the Respondent-Bank to release the amounts lying in the petitioner's Account No. 33031147513.

¶16

Ratio / Principle

Without going into the merits or demerits of the case, the writ petition was disposed of with the consent of both parties at the stage of admission.

¶16

Key takeaways

The release was conditioned on the petitioner furnishing an indemnity affidavit absolving the Respondent Bank against any subsequent finding that his account was involved in cyber crime or fraud.ratio¶18
Under the indemnity arrangement, if the petitioner is found guilty of any such cyber fraud or crime by a competent Court, he shall make good any amount involved in the said crime.ratio¶18
Given the petitioner's medical emergency, the Respondent-Bank was directed to release the amount lying in his account as expeditiously as possible, preferably within one week from the date of receipt of the copy of the indemnity affidavit filed by him.

Detailed headnote1 paragraphs

Nitish Kumar v. State of Bihar (through Chief Secretary) and Others — High Court of Judicature at Patna, Civil Writ Jurisdiction Case No.3728 of 2024, oral order dated 25-11-2024 (A. Abhishek Reddy, J). Without going into the merits, the writ petition was disposed of with the consent of both parties at the admission stage. Observing that the counter affidavit recorded no particulars of the petitioner's involvement in any cyber crime and that police investigation, if any, had shown no progress even after twelve years, the Court directed the Respondent-Bank to release the amounts lying in the petitioner's Account No. 33031147513. Release was conditioned on the petitioner furnishing an indemnity affidavit absolving the Bank, under which he must make good any amount involved if found guilty of such cyber fraud or crime by a competent Court. In view of the petitioner's medical emergency, the Bank was to release the amount as expeditiously as possible, preferably within one week of receipt of the copy of the indemnity affidavit.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3728 of 2024

¶2

======================================================

¶3

Mr. Nitish Kumar, Aged about 49 years, son of Mr. Ram Bihari Singh, Resident of Shanti Vihar, Trimutri Garden, Akash Wani Road, Near Electric Office, B.V. College, Khajpura, Patna.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar through Chief Secretary, Government of Bihar, Patna.

¶7

The Chief Secretary, Government of Bihar, Patna.

¶8

The Regional Manager, State Bank of India, Patna.

¶9

The Chief Manager, State Bank of India, Patna.

¶10

The Branch Manager, State Bank of India P.B.B. Branch, S.K. Puri, Boring Road, 6B Sahadeo Mehta Marg, Patna-800001.

¶11

... ... Respondent/s

¶12

====================================================== Appearance : For the Petitioner/s : Mr. Syed Asgher Najmi, Advocate. For the State : Mr. Sanjeet Kumar Singh, AC to AAG-6. For the Bank : Mr. Apurv Harsh, Advocate. ======================================================

¶13

CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

¶14

6 25-11-2024

¶15

Without going into the merits or demerits of the case,

¶16

the present writ petition is disposed of with the consent of both the parties at the stage of admission. Having regard to the fact that no particulars of the involvement of the petitioner in any cyber crime has been mentioned in the counter affidavit and further there is no progress in the investigation of the case if any by the Police even after a lapse of twelve years, this Court is of the opinion that the ends of justice would be met if the Respondent-Bank is directed to release the amounts which are lying in the Account No. 33031147513 belonging to the

¶17

Patna High Court CWJC No.3728 of 2024(6) dt.25-11-2024 2/2

¶18

petitioner, the petitioner shall furnish an indemnity affidavit absolving the Respondent Bank if subsequently it is found that the petitioner’s account was involved in any cyber crime or fraud and he shall make good any amount involved in the said crime if he is found guilty of any such cyber fraud or crime by any competent Court.

¶19

Having regard to the fact that the petitioner is facing a medical emergency, the Respondent-Bank are directed to release the amount lying in the account of the petitioner as expeditiously as possible preferably within a period of one week from the date of the receipt of the copy of the indemnity affidavit filed by the petitioner.

¶20

With the above directions, the present writ petition stands disposed of.

¶21

(A. Abhishek Reddy, J)

¶22

shakir/-

¶23

Mr. Nitish Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mr. Nitish Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Arun Kumar Sharma Vs The State of Bihar

Manish Kumar Agrawal Vs The State of Bihar

Shankar Prasad Vs The State of Bihar

Md. Arshad Khan Vs The Chairman, Bihar State Electric Board

Rajani Prakash @ Rajani Thakur Vs North Bihar Power (Holding) Distribution Company Ltd.

Sunita Devi @ Sunita Kumari Vs The Commissioner