Rajesh Kumar Raushan, Proprietor Of Somnath Traders, v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19086 of 2024 ====================================================== 1.
Rajesh Kumar Raushan, Proprietor of Somnath Traders, S/o Surendra Deo R/o- House No.- 109, Kautilya Nagar, Raja Bazar, B.V. College, P.S.- Airport, Patna- 800014, Bihar.
2.
Sudha Devi, W/o Rajesh Kumar Raushan R/o- House No.- 109, Kautilya Nagar, Raja Bazar, B.V. College, P.S.- Airport, Patna- 800014, Bihar. ... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Department of Finance, Government of Bihar.
2.
Reserve Bank of India, through its Regional Director, Gandhi Maidan, Patna.
3.
ICICI Bank, having its registered office at ICICI Bank Tower, Near Chakli Circle, Old Padra Road, Vadodara, Gujarat- 390007, through its M.D and CEO.
4.
ICICI Bank through its Branch Manager, having its Branch Office at Chakiya, Motihari.
5.
State Bank of India, having its registered office at State Bank of Bhawan, MC Road, Nariman Point, Mumbai, Maharashtra, through its Chairman. 6.
State Bank of India, having its Branch office at State Bank of India, Bihar Bidhan Mandal, Patna, Bihar, through its Branch Manager. ... ... Respondent/s ====================================================== Appearance :
For the Petitioners :
Mr.Nagadeo Choubey, Adv.
For the State :
Mr.Standing Counsel (28) For the ICICI Bank :
Mr. Nikhil, Adv.
For the SBI :
Mr. Sanjeev Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 02-07-2025 This Court vide order dated 20.12.2024 had directed the Respondent-ICICI Bank to defreeze the account of the petitioners by putting a lien over an amount of Rs.43,068/- which is a subject matter of Cyber Crime Department.
2. Learned counsel appearing on behalf of the petitioners has stated that pursuant to the said order the
Patna High Court CWJC No.19086 of 2024(6) dt.02-07-2025 2/3 Respondent-ICICI Bank has already defreezed the account of the petitioner by putting a lien over the above mentioned amount.
3. In the counter affidavit filed by the RespondentSBI they have stated that after receipt of the complaint from the National Cyber Crime Reporting Portal vide Acknowledgment No. 33711230042477 the lien over an amount of Rs.33,000/- has been put in the saving bank account of petitioner no. 2 and petitioner no. 2 is permitted to operate the said account without any impediment.
4. Learned counsel for the petitioners states that the petitioners are willing to give an indemnity affidavit to the respective Banks with regard to the amount that is involved in the cyber crime. Learned counsel states that his client will file the indemnity affidavit indemnifying the Bank of any action from the National Cyber Crime Reporting Portal or police authority and also deposit the amount involved in the cyber crime if any adverse orders are passed by any competent Court or authority. Learned counsel prays that the petitioners may be permitted to operate the account without putting any lien of any amounts.
5. Having regard to the above made submissions, the
Patna High Court CWJC No.19086 of 2024(6) dt.02-07-2025 3/3 present Writ Petition is disposed of directing the petitioners to submit an indemnity affidavit before the respective Bank stating that they are willing to indemnify the Bank from any action and they will deposit/pay the disputed amount in case any adverse orders are passed. That on such submission of the indemnity affidavit the Respondent-Bank shall remove the lien. However, it is made clear that any if adverse orders are passed or any request is made by the National Cyber Crime Reporting Portal or police or any Court for remitting the above mentioned amount, the petitioners shall deposit/pay the said amount.
6. With the above directions, the Writ Petition stands disposed of.
(A. Abhishek Reddy , J) Shamshad/- U