[Cites 1, Cited by 0]
Jharkhand High Court
State Bank Of India vs The State Of Jharkhand Through Cbi on 29 January, 2026
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
2026:JHHC:2303
IN THE HIGH COURT OF JHARKHAND, RANCHI
Cr.M.P. No. 3364 of 2025
----
State Bank of India, a body corporate constituted under the
provisions of the State Bank of India Act, 1955, having its
Corporate Office at Madam Cama Road, Nariman Point, Mumbai
- 400021 and one of its Local Head Office at West Gandhi
Maidan, Patna - 800001 and one of its Branch Office amongs
other place is known State Bank of India, Hatia Branch, near
Dhurwa Post Office, PO - Dhurwa, PS - Jagannathpur, District
- Ranchi, State Jharkhand, through its Assistant General
Manager-cum-Branch Head - Sri Jasbir Singh, son of Late
Anand Singh, resident of Flat No.301, Sai Anand Apartment,
Anand Vihar, Kadru, Ranchi, 834002 .... Petitioner
-- Versus --
The State of Jharkhand through CBI, Ranchi
.... Opposite Party
----
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioner :- Mr. Rajesh Kumar, Advocate
For the CBI :- Ms. Shivani Zaluka, Advocate
----
18/29.01.2026 Heard learned counsel for the petitioner and learned
counsel for the CBI.
2. This petition has been filed for quashing of the order dated
05.05.2018 passed by learned Special Judge, CBI, Ranchi in Misc.
Criminal Application No.341/18 arising out of R.C. 12(A)/2017-R
whereby the petitioner's miscellaneous criminal application filed for
direction upon the opposite party - CBI to release the hold and
permit the transfer of funds held in different accounts of various
bank of accused persons and their associates related with the RC
--1--
2026:JHHC:2303
Case No.12(A)/2017-R has been rejected and that RC case is
pending in the said Court.
3. Mr. Rajesh Kumar, learned counsel appearing for the
petitioner submits that the petitioner is a statutory bank having its
branches amongst others at Hatia, District - Ranchi which falls
within the territorial jurisdiction of this Court. He further submits
that the petitioner bank was having a current account of M/s Bhanu
Construction, a partnership firm and amount of Rs.100.01 crore
was to be transferred from government account to some other
beneficiaries accounts but inadvertently it was credited to the
current account of M/s Bhanu Construction on 05.08.2017 and this
mistake has come into the knowledge of the petitioner on
19.09.2017 and thereafter necessary steps were taken and the
criminal case was filed. The petitioner has also stated that the said
branch has been managed to recover/restore a sum of
Rs.76,29,13,000/- till 20.11.2017 from various accounts with
different banks and Rs.23,72,28,016/- could not be restored from
M/s Bhanu Construction which led to file criminal case. He then
submits that M/s Bhanu Construction filed a writ petition before
this Court being W.P.(C.) 5955 of 2017 with a prayer to defreeze
and operationalize the bank account which had been freezed by
the petitioner bank, however, subsequently the said writ petition
has been dismissed on 24.11.2023. He next submits that the
petitioner filed O.A. No.608 of 2017 before learned Debt Recovery
Tribunal, Ranchi and after hearing the parties learned Debt
--2--
2026:JHHC:2303
Recovery Tribunal, Ranchi vide order dated 22.03.2018 has been
pleased to allow the O.A. filed by the petitioner bank and the
Tribunal held that M/s Bhanu Construction, Sanjay Tiwari and
Suresh Kumar are liable for a sum of Rs.24,56,90,634.08/- jointly
and severely along with pendente lite and future interest @ 10%
per annum with monthly rests from 19.10.2017 till realization of
the entire claim besides costs of Rs.1,50,000/- to the petitioner
bank and further by the said judgment at paragraph Nos.42 and
50 directed the Canara Bank and HDFC Bank to pay back the
amount to the tune of Rs.1,87,15,007/- to the State Bank of India
lying in the account of M/s Bhanu Constructions and further
direction was there to pay back the amount of Rs.2,27,290.34/-
lying in the account of Mr. Naushad Asadaque, Rs.3,03,255.92/-
lying in the account of Mr. Sanjay Tiwari and Rs.55,646/- lying in
the account of Mr. Suresh Kumar and the Axis Bank to pay back to
the SBI of the amount to the tune of Rs.15,56,162/- lying in the
account of M/s Bhanu Construction, Sanjay Tiwari and Suresh
Kumar. He also submits in light of order of learned Debt Recovery
Tribunal, Ranchi the petitioner bank made a representation before
the CBI on 27.03.2018 and requested them to release the hold on
the said bank account which they created during investigation, so
that the bank may restore the amount in terms of the Debt
Recovery Tribunal order and nothing was done by the CBI and
thereafter, the petitioner filed a petition before the learned Special
Judge, CBI for defreezing the account and pass the proper order in
--3--
2026:JHHC:2303
light of Debt Recovery Tribunal, however, the learned Court has
been pleased to dismiss the same on the ground that the
investigation was not completed and the order of learned Debt
Recovery Tribunal was challenged before the High Court in W.P. (C)
No.5955 of 2017. He then submits that now the charge-sheet has
been submitted and the CBI has also no objection if the account
can be defreezed and that has been stated by the CBI in paragraph
No.11 of the counter affidavit.
4. Learned counsel appearing for the CBI submits that in
paragraph No.11 of the counter affidavit it has been stated that
account was freezed so that the accused persons may not syphon
public money. She submits that learned Debt Recovery Tribunal has
already passed an order dated 22.03.2018 in O.S. No.608 of 2017
considering all the facts as stated by the petitioner and others and
in view of that this Court may pass necessary order.
5. In view of the above and considering the submission of
learned counsel appearing for the parties, it transpires that the CBI
has completed the investigation and submitted the charge-sheet
saying that illegally the money has been transferred in the current
account of M/s Bhanu Construction on 05.08.2017 to the tune of
Rs.100.01/- crore as noted in the argument of learned counsel
appearing for the petitioner. The petitioner is already having an
order in his favour by the Debt Recovery Tribunal to defreeze the
different accounts and transfer the amount in the account of the
petitioner - State Bank of India. Learned Court has been pleased
--4--
2026:JHHC:2303
to reject the petition on the ground that the investigation was not
completed and one W.P. (C) No.5955 of 2017 was pending before
this Court, however, now the situation has changed and the said
WPC has been dismissed by this Court and the investigation is
completed and admittedly the said amount is of the State Bank of
India.
6. In view of the above, the impugned order dated
05.05.2018 passed by learned Special Judge, CBI, Ranchi in Misc.
Criminal Application No.341/18 arising out of R.C. 12(A)/2017-R is
hereby set aside.
7. The CBI is directed to defreeze the amount in terms of
learned Debt Recovery Tribunal order and amount shall be
transferred in the account of the petitioner - State Bank of India
from different account holders as noted here-in-above.
8. This petition is allowed in above terms and disposed of.
9. Pending petition, if any, also disposed of.
(Sanjay Kumar Dwivedi, J.)
Dated 29.01.2026
Sangam/
--5--
