Nandani Devi v. The State Of Bihar Through Vigilance
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No. 1062 of 2013 Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA =========================================================== Ved Vrat Pandey Son Of Shri Prem Prakash Pandey, Village - Sonkhar, Post. - Ram Nagar, P.S. - Ram Nagar, District. - West Champaran, Bihar .... .... Petitioner/s
Versus
1. The State Of Bihar (Through Vigilance) .... .... Respondent/s with =========================================================== Criminal Revision No. 1060 of 2013 Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA =========================================================== Jagdish Narayan Pandey S/O Late Shri Bhagwat Pandey Village- Tikachhapar,PostVrindavan, P.S- Chanpatia, District- West Champaran, Bihar. .... .... Petitioner/s
Versus
1. The State Of Bihar .... .... Respondent/s with =========================================================== Criminal Revision No. 1053 of 2013 Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA =========================================================== Most Nandani Devi W/o Late Kedarnath Pathak Resident Of Village - Sigari, Post Tadvalia, P.S. Semra, District - West Champaran, Bihar .... .... Petitioner/s
Versus
1. The State Of Bihar ( Through Vigilance ) .... .... Respondent/s =========================================================== Appearance :
(In CR. REV. No. 1062 of 2013) For the Petitioner/s : Mr.
For the Respondent/s : Mr.
(In CR. REV. No. 1060 of 2013) For the Petitioner/s : Mr.
For the Respondent/s : Mr.
(In CR. REV. No. 1053 of 2013)
Patna High Court CR. REV. No.1062 of 2013 dt.28-09-2015 2/3 For the Petitioner/s : Mr.
For the Respondent/s : Mr.
=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 28-09-2015 Criminal Revision No. 1062 of 2013 The petitioner who is not an accused but from whose possession Rs. 5 lacs were recovered, seeks revision of the order dated 03.09.2013 in Special Case No. 30 of 2013 by which the Special Judge, Vigilance, Patna has refused to release the aforesaid amount since it was alleged to be Benami property of his maternal uncle accused Dhramvir Pandey.
Instructions have been sought for with regard the status of the money. The counsel for the Economic Offence Unit submitted that it has been deposited in a fixed deposit scheme for three years. The petitioner submits that he is in dire need of money and hence it may be released and he is ready to furnish adequate surety. Considering that the petitioner is not an accused in the case, the Court below is directed to release the aforesaid amount in favour of the petitioner within a period of six weeks from the date of receipt of copy of this order. However, the petitioner shall give an undertaking before the Court concerned that he will return the money at the time of final adjudication if such an order is passed in
Patna High Court CR. REV. No.1062 of 2013 dt.28-09-2015 3/3 trial. Also he shall not dispute the seizure of the money. The Court below shall take sureties/bonds as it deems fit and proper. The application stands disposed off on the same terms as Criminal Revision No. 1060 of 2013 The petitioner seeks revision of the order dated 03.09.2013 passed by the Special Judge, Vigilance 1st Patna in Spl. Case No. 30 of 2013 arising out of Economic Offence P.S. Case No. 21 of 2013 by which he has refused to release Rs. 5 lacs. The application stands disposed off on the same terms as mentioned in Cr. Misc. No. 1062 of 2013.
Criminal Revision No. 1053 of 2013 The petitioner seeks revision of the order dated 03.09.2013 passed by the Special Judge, Vigilance 1st Patna in Spl. Case No. 30 of 2013 arising out of Economic Offence P.S. Case No. 21 of 2013 by which he has refused to release Rs. 6 lacs. The application stands disposed off on the same terms as mentioned in Cr. Misc. No. 1062 of 2013.
(Anjana Prakash, J) Prakash/- U T