Irfan Ali Vs The State of Bihar through the Principal Secretary, Home Department — Patna HC (2025) — LawSathi Research

Irfan Ali Vs The State of Bihar through the Principal Secretary, Home Department — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to ICICI Bank to reverse the entire amount of Rs. 14,55,000/- forthwith to the petitioner's account No. 009700400400319243, Punjab National Bank, Hathua Market branch; investigation of Saran Town P.S. Case No. 289 of 2021 to be concluded by the Saran Police, preferably upon transfer to its Cyber Cell; writ application disposed of with these observations and directions.

Issue for consideration

Whether the swindled amount of Rs. 14,55,000/-, lying with ICICI Bank in the account of Rajesh Manna (A/c No. 161401507168) after a cyber-fraud transfer from the petitioner, should be returned/reversed to the petitioner. +2 more

Court's answer

The ICICI Bank is directed to reverse the entire amount of Rs. 14,55,000/- forthwith to the petitioner's Bank Account No. 009700400400319243, Punjab National Bank Branch, Hathua Market, as the money belongs to the petitioner and was transferred to the ICICI Bank account by cyber frauds.

Ratio / Principle

The investigation of Saran Town P.S. Case No. 289 of 2021 shall be concluded by the Saran Police.

Key takeaways

It is preferable that the said case be transferred to the Cyber Cell of the Saran Police, who are better equipped to investigate the case.ratio¶31

Detailed headnote1 paragraphs

Cyber-fraud restitution — Patna High Court (Sandeep Kumar, J.; oral order dt. 17-06-2025) in CR. WJC No. 516 of 2023 arising out of Saran Town P.S. Case No. 289 of 2021 (instituted by petitioner Irfan Ali): the entire amount of Rs. 14,55,000/- swindled from the petitioner by cyber frauds was found lying with ICICI Bank in the account of one Rajesh Manna (A/c No. 161401507168); the Court directed ICICI Bank to reverse the entire amount forthwith to the petitioner's Punjab National Bank account No. 009700400400319243, Hathua Market branch, as the money belongs to the petitioner; further directed that the investigation of the said PS Case be concluded by the Saran Police, preferably after transfer to the Cyber Cell of the Saran Police, who are better equipped to investigate; writ application disposed of accordingly.

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.516 of 2023

Arising Out of PS. Case No.-289 Year-2021 Thana- CHAPRA TOWN District- Saran

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

IRFAN ALI S/O NOOR HASSAN RESIDENT OF VILLAGE- CHHOTE TELPA, KORAR, POLICE STATION- CHAPRA TOWN, DISTT.- SARAN AT CHAPRA.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Home Department THROUGH THE PRINCIPAL SECRETARY HOME DEPARTMENT GOVERNMENT OF BIHAR, PATNA

The Director General of Plice Government of Bihar, Patna

The Additional Director General of Police, Cyber Crime Cell Government of Bihar, Patna.

The Director, Economic Offence Unit Government of Bihar, Patna.

The Regional/Zonal Director, Reserve Bank of India, Bihar, Patna Bihar, Patna.

The District Magistrate Saran, Bihar

The Superintendent of Police Saran, Bihar

The Chief General Manager, HQ PNB, Mumbai Punjab National Bank, Mumbai

Mr. Uttam Kumar Branch Manager, Punjab National Bank, Hathua Market Brancha, Chapra, Bihar

Mr. Nitesh Kumar S/O TEZ NARAYAN SINGH POSTED AS CASHIER AT M.P. SCIENCE COLLEGE, PUNJAB NATIONAL BANK, BRANCH MUZAFFARPUR.

The Branch Manager, ICICI Bank South Dumdum, 24 Parganas, West Bengal

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Mohammad Sufyan For the Respondent/s : Mr.Manish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

7 17-06-2025 Heard learned senior counsel for the petitioner Shri Anshul, learned senior counsel Shri VNP Sinha for the EOU, learned counsel for the PNB Shri S.P. Singh assisted by Shri

Patna High Court CR. WJC No.516 of 2023(7) dt.17-06-2025 2/3

Suresh Pd. Singh No. 01 and Ms. Kumari Rashmi, Mr. Dayanand Singh assisted by Mrs. Pallavi Trivedi for the ICICI Bank, Mr. Rajesh Ranjan for the RBI and Mr. Deepak Kumar, learned counsel for the State.

This writ application has been filed on behalf of the petitioner for the following reliefs:-

Directing the respondents authorities to take appropriate steps in furtherance of the investigation conducted by the police in Saran Town P.S. Case No. 289 of 2021 instituted by the petitioner and take it to a logical conclusion.

Direct the respondents to fix responsibility for the wrong committed as soon as possible.

To pay to the petitioner his swindled money of Rs. 14,55,000/- on sufficient sureties till the fixation of responsibility.

From the arguments advanced by the parties, it appears that the entire amount of Rs. 14,55,000/- is lying with ICICI Bank, Damdam Road, North Pargana Branch, West Bengal in the account of one Rajesh Manna bearing Account Number 161401507168.

In view of the above, the ICICI Bank is directed to reverse the entire amount of Rs. 14,55,000/- in Bank Account

Patna High Court CR. WJC No.516 of 2023(7) dt.17-06-2025 3/3

No. 009700400400319243, Punjab National Bank Branch, Hathua Market, Patna forthwith as the money belongs to the petitioner which was transferred to the ICICI bank account by cyber frauds.

The investigation of Saran Town P.S. Case No. 289 of 2021 shall be concluded by the Saran Police. It is preferable that the said case be transferred to Cyber Cell of Saran Police, who are better equipped to investigate the case.

With the aforesaid observation and direction, this application is disposed of.

(Sandeep Kumar, J)

Vikas/-

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