Amar Kumar vs The State Of Bihar And Ors
2021 Latest Caselaw 5355 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.694 of 2019
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Amar Kumar, S/o Sri Baleshwar Ram, Resident of Village- Basahi, P.S. Bhagwanpur, District- Begusarai.

... ... Petitioner/s Versus

1. The State of Bihar through the Director of General of Police, Bihar, Patna.

2. The Officer-in-Charge, Begusarai Town Station, Begusarai.

3. That State Bank of India, through its Chairman, State Bank Bhawan, Madame Cama Road, Nariman Point, Mumbai, Maharashtra.

4. The Chief General Manager, State Bank of India, Gandhi Maidan, Near S.B.I. Main Branch, Patna, Bihar.

5. The Chief Manager, Main Branch, State Bank of India, Begusarai.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar, Advocate, Mr. Braj Bhushan Poddar, Advocate For the Bank : Dr. B.B. Singh, Advocate For the Respondent/s : Mr. Kaushlendra Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 22-11-2021

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s).

"1. That the present writ application has been preferred for issuance of writ mandamus directing the respondents to allow the petitioner to operate his bank account having account no.- 30234645418 with the State Bank of India, Main Branch, Begusarai which is being denied an the pretext of withholding the account due to pendency of Begusarai town P.S. case no.

217/2012 although the final form has been submitted by the police in this case and accepted by the leaned Chief Judicial Magistrate, Begusarai and for issuance of other Patna High Court CWJC No.694 of 2019 dt.22-11-2021

appropriate writ/writs, direction/ directions, order/orders in the facts and circumstance of this case."

We are of the considered view that with the passage

of time, the present writ petition has become infructuous, more

so, in view of the communication dated 06.05.2019 issued by

the bank of the petitioner, contents whereof, in toto, is

reproduced hereinunder:-

It is alleged by the petitioner that the money, lying

in his account, is not being permitted to be disbursed by the

petitioner.

Well, that is not what petitioner has prayed for. That

apart, if that is so, it is always open for the petitioner to initiate Patna High Court CWJC No.694 of 2019 dt.22-11-2021

an appropriate proceeding in accordance with law, before the

appropriate forum, should the need so arises, and when the

petitioner's fresh request for release of the amount stands turned

down.

Petitioner states that he shall approach the Manager

of the concerned bank on 20.12.2021 by filing a detailed

representation.

Statement is taken on record.

Operation of the Petitioner's bank account was

withheld only on account of the pendency of the police case no.

217 of 2012 and it is submitted that police has submitted final

form.

Be that as it may, post registration of the said case

and passing of the order withholding the account, the

respondents have now reviewed their action, and issued the

communication reproduced (supra).

Dr. B.B. Singh, learned counsel for the Bank states

that necessary action shall be taken on the request made by the

petitioner.

Statement accepted and taken on record.

In view of the same the present petition stands

disposed of.

Patna High Court CWJC No.694 of 2019 dt.22-11-2021

Interlocutory Application(s), if any, shall stand

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) veena/rajiv-

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