Sanjay Kumar vs The Union Of India Through The ...
2023 Latest Caselaw 3458 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                Criminal Writ Jurisdiction Case No.1150 of 2022
                   Arising Out of PS. Case No.- Year-0 Thana- District-
     ======================================================

1. Sanjay Kumar, S/o late Chandramouli Prasad Singh, R/O H.P. Agarwal, Mission Compound, P.S.- Mahadeva O.P., Distt.- Siwan, Bihar- 841227

2. Kundan Kumar @ Kundan Kumar Singh Son Of Rajeshwari Prasad R/O L.I.G.- 450, Mansarovar Colony,. Madhawnagar Camp, Katni, M.P.- 483501

3. Rekha Rani Wife of Mohan Kumar R/O Gangotri Electric House, Gandhi Path, P.S.- Saharsa, Bihar- 852201

4. Indu Kumari Sinha Wife Of Saket Bihari R/O Printing Press, Main Road, Mahendru, Sampatchak, Patna- 800006

5. Manoj Kumar Son Of Baidyanath Modi R/O Mustaklal Lane, Sikandarpur, Musaiadpur, Bhagalpur, Mirjanhat, Bihar- 812005

6. Bachchan Devi Wife Of Suresh Prasad Sharma R/O B- 11 Ashray Apartment, Ara Garden, Jagdeopath, Bailey Road, Rukanpura, P.O.- B.V. College, Patna- 800014

7. Chanda Rani Gaur Wife Of Rajan Kumar R/O Raghunath Tola, Near Sichai Bhawan, Phulwari, Patna- 800002

8. Usha Singh Wife Of Ashok Kumar Singh R/O 108/32, Sundari Sadan, J.N.

Road, Kadamkuan, Phulwari, Patna- 800003

9. Mukesh Kumar Son Of Shree Ram Singh R/O Village Mande Bigha, Sikaria, Jehanabad, Bihar- 804454

10. Subodh Ranjan Son Of Baban Singh R/O Darwa Ward 03, P.O.- Mohania, Kaimur (BHABUA), Bihar- 821109

11. Sujeet Kumar Son Of Ram Bishun Sao R/O Village- Kujawan, P.S.- Bihta, Distt.- Patna, Bihar- 801103

12. Hari Kishor Sah Son Of Nageshwar Sah R/O Village- Mangalpur, Kalyanpur, East Champaran, Bihar- 845413

13. Nilu Sinha Wife Of Yadunandan Prasad R/O 2m/23, Resham Niwas, Mahatma Gandhi Nagar, B.H. Colony, Sampatchak, Patna- 800026

14. Monika Rani Wife Of Sangeet Kumar R/O Balbhadarpur, Darbhanga, Bihar-

846001

15. Sanjeev Kumar Son Of Sunial Kumar Lala R/O Balbhadarpur, Near Ramasharay Roy Public School, Darbhanga, Bihar- 846001

16. Priyanka Kumari Daughter Of Suresh Prasad Sharma R/O B-11 Ashray Apartment, Ara Garden, Jagdeopath Bailey Road, Rukanpura, P.O.- B.V. College, Patna- 800014

17. Suresh Prasad Sharma Son Of Late Rajendra Prasad Sharma R/O B-11 Ashray Apartment, Ara Garden, Jagdeopath, Bailey Road, Rukanpur, P.O.- B.V. College, Patna- 800014

18. Rekha Devi Wife Of Sanjeva Kumar R/O Madanpur, Dhurgaon, Ekangersarai, Distt.- Nalanda, Bihar- 801301

19. Rajiv Ranjan Triyar Son Of Shri Krishna Kumar Triyar R/O Flat No. 4a, Patna High Court CR. WJC No.1150 of 2022 dt.02-08-2023

Roop Raj Enclave, Road No. 1, Shivpuri, Rajbanshi Nagar, Patna- 800023

20. Ajay Kumar Pandey Son Of Shri Bharat Pandey R/O Vir Kunwar Singh Colony, Near M.V.N. School, Distt.- Buxar, Bihar- 802101

21. Sanjay Kumar Varma Son Of Sita Ram Prasad R/O West Siwalik Apartment, Road No. 03, Annapurna House, P.O. And P.S.- Patliputra, Patna- 800013

22. Arvind Nath Son Of Amar Nath R/O Danapur Cantt., 12 Grand Square, Dinapur Cum Khagaul, Panta- 801503

23. Manoj Kumar Son Of Sri Kamal Kishor Prasad R/O Kishor Bhawan, Damariya, P.O.- Anisabad, P.S.- Gardanibagh, Distt.- Patna 800002

24. Aman Kumar Son Of Late Akhouri Suresh Prasad R/O Anandpuri, Near Mother Mary School Brahmpura, M.I.T. Mushahari, Distt.- Muzaffarpur, Bihar- 842003

25. Sanjeev Kumar Son Of Late Pramod Kumar R/O C/O Ratnesh Kumar Sinha, Nandani Bhawan, Ground Floor, Dariyapur Gola, Near Dr. A.K. Lal, Bankipore, Patna- 800004

26. Kiran Singh Wife Of Arun Kumar Singh R/O Near Health Centre Dharampur Jadu, Chhapra, Distt.- Muzaffarpur, Bihar- 843108

27. Baby Ritika Wife Of Vikash Chandra R/O 301, Sundram Residency Sahdev Path, West Patel Nagar, Shashtrinagar, Patna- 800023

28. Shyamli Akhouri Wife Of Akhouri Ome Prakash R/O Ashok Nagar, Road No. 11, Kankarbagh, Sampatchak, Patna- 800020

29. Nitesh Kumar Son Of Harendra Pandey R/O Village- Piarpurwa, Distt.-

Saran, Bihar- 841419

30. Manoj Kumar Son Of Chandra Sekhar Mishra R/O Flat No. 404/A, Swawlambi Residency, Daudbigha, Patna- 800026

31. Jyotsana Wife Of Shashi Kant R/O Road No. 3, Adarsh Vihar, Ramkrishna Nagar, Behind Indane Gas Godown, Sampatchak, New Jaganpura, Patna- 800027

32. Sabita Kumari Wife Of Dr. Sanjay Kumar Sinha R/O Flat No. 304, Laxmi Niwas, Khagaul Road, Beside Canara Bank, Mithapur, Patna- 800001

33. Rekha Kumari Wife Of Pawan Kumar R/O Adarsh Vihar Colony, Raja Bazar Bihia, Distt.- Bhojpur, Bihar- 802152

34. Manju Dayal Wife Of Late Muneshwar Dayal R/O C/O Ashok Kumar Sinha, Shanti Bhawan, Chakbinda, P.S.- Gardanibagh, Patna- 800002

35. Menoo Wife Of Sanjay Kumar R/O Mohalla- Mahavir Nagar, Karma Road, Near Electricity Office, Distt.- Aurangabad, Bihar- 824101

36. Anand Kumar Mishra Son Of Sri Bhubneshwar Mishra R/O Mohalla- 3 No. Chadhai Nehru Road, Chirkunda, Distt.- Dhanbad, Jharkhand- 828202

37. Anil Kumar Mishra Son Of Late Braham Dev Mishra R/O P.O.- Madhavpur, P.S.- Prabatta, Madhopur, Distt.- Khagaria, Bihar- 851215

38. Smita Sharan Wife Of Rajesh Kumar Sinha R/O 102, S.B. Residency, Shiv Mandir Gali, C/O Madan Mohan Sharan, Sheikhpura, P.O.- B.V. College, Patna- 800014

39. Shakti Khare Wife Of Sunil Sinha R/O Ward No. 26, Nayatola, Speaker Patna High Court CR. WJC No.1150 of 2022 dt.02-08-2023

Road, Distt.- Muzaffarpur, Bihar- 842001

40. Nikita Khare Wife Of Sundareshan Nagraj R/O Mohalla Sumati Path, Ranighat, Mahendru, Patna- 800006

41. Ranjana Ranjan Wife Of Ravi Ranjan R/O 302 Vidyapati Apartment, Vijay Nagar, Gali No. 1, Rukanpura, Patna- 800014

42. Pramod Kumar Son Of Jata Shankar Jha R/O C/O Lakhan Kumar Sahay, Trimurty Nagar, Mithila Colony, Danapur, Patna- 800018

43. Rajneesh Ranjan Son Of Shree Kant Prasad R/O Quarter No. Cf 46, N.I.T. Campus, P.O.- R.I.T, Adityapur, Seraikela, Kharsawan, Jharkhand- 831014

44. Kanhaya Prasad Sinha Son Of Jagdish Prasad Shriwastva R/O East Gopalpur, Raja Bazar, Motihari, East Champaran, Bihar- 845401

45. Kumar Satyajeet Son Of Rajendra Prasad Sinha R/O Khanpurmal Near Post Office Khanpur, Sultanganj, Bhagalpur, Bihar- 813213

46. Mukund Singh Munda Wife Of M. Krishna Kumar R/O House No. 205, Road No. 4, Nehru Nagar, Near Forest Office, Patliputra Colony, Patna- 800013

47. Akhilesh Kumar Maury Son Of Shubh Narayan Prasad R/O Jadopur Harsiddhi, Purba Champaran, Bihar- 845422

48. Saket Kumar Singh Son Of Mahendra Prasad Singh R/O Pahari Chak, Sonepur, Saran, Bihar- 841101

49. Ramjanam Vipra Son Of Madan Mohan Malaviya R/O P.O.- Mocharim Thana, Bodhgaya, Distt.- Gaya, Bihar- 824231 ... ... Petitioners Versus

1. The Union Of India Through The Assistant Director, Directorate Of Enforcement, Govt., Of India 1st Floor Chandpura Palace, Bank Road West Gandhi Maidan, Patna Bihar

2. The State Of Bihar Through Its Secretary, Ministry Of Urban Development, Govt. Of Bihar Vikas Bhawan, Bailey Road Patna, Bihar

3. Director General Of Police, Bihar, Patna Bihar

4. Chief Judicial Magistrate, Patna Bihar

5. Real Estate Regulatory Authority, Bihar, Patna Bihar

6. Real Estate Appellate Tribunal (reat) Through Its Registrar, Patna Bihar

7. ADG, Economic Offence Unit, Patna Bihar

8. Agrani Group Of Companies Through Its Director Alok Kumar Singh Bihar

9. Alok Kumar Singh R/O Yogipur, Chitragupta Nagar, P.S.- Patrakar Nagar, P.O.- Lohianagar, Kankarbagh, Patna- 800020

10. Indian Overseas Bank through its Chairman, Chennai Central Office 6th Floor , Annex Builiding 763, Anna Salai, Chennai-600002

11. Indian Overseas Bank through its Branch Manager Kankarbagh Branch Patna -800020 Bihar

12. Indian Overseas Bank through its Branch Manager Anishabad Branch Patna-

800001 Bihar Patna High Court CR. WJC No.1150 of 2022 dt.02-08-2023

... ... Respondents ====================================================== with Criminal Writ Jurisdiction Case No. 79 of 2023 Arising Out of PS. Case No.- Year-0 Thana- District- Patna ======================================================

1. Vandana Singh Wife Of Sanjay Kumar Singh R/O Vill.- Shivpur Ramahi Tola, P.S.- Bikramganj, Distt.- Rohtas

2. Anil Kumar Chaudhary Son Of Yogendra Chaudhary R/O Vill. And P.O.-

Sonbarsha, Chamardehri, Rohtas, Bihar- 802212

3. Ravikant Das Son Of Parasnath Das R/O Flat No. 105, Block B Jascon Residency Triloki Nagar, Nalapar, Agamkuan, Patna- 800007

4. Bharat Lal Singh Son Of Rameshwar Singh R/O Vill.- Fakarpur, P.O.-

Fakarpur, Arwarl, Bihar- 804001

5. Bimla Devi Wife Of Sri Niwash Singh R/O Kathar, P.S.- Krishna Braham, Distt.- Buxar, Bihar- 802111

6. Rajendra Prasad Shukla Son Of Late Kedar Nalth Shukla R/O Vill. And P.O.- Sonpura, Distt.- Bhojpur, Distt.- 802206

7. Avinash Kumar Srivastava Son Of Satyendra Srivastava R/O Vill.- Sherau, Charpokhari, Distt.- Bhojpur

8. Raj Kumar Son Of Tarkeshwar Prasad R/O Qr. No.- D-2/02, Brts, Barauni Refinery Township, Begusarai, Bihar- 851117

9. Neelam Pathak Wife Of Dinbandhu Pathak R/O Ev005, Bijinapura Campus, Iisc Qtr., Rmv, 2nd Stage New, B.E.L. Road, Bengaluru, North Bengaluru, Karnataka- 560093

10. Subhawati Devi Wife Of Binod Kumar Singh R/O Rampur Vaina, Rampura Vaina, Arwal, Bihar- 804004

11. Kanchan Kumari @ Kanchan Chaudhary Wife Of Shiv Kumar Chaudhary R/O Vill.- Bahadurpur, P.O.- Rupas, Distt.- Patna- 803211

12. Om Prakash Singh Son Of Bhrigunath Singh R/O Vill. And Post- Pokhra, Siwan, Bihar- 841238

13. Chanchal Sinha Wife Of Hemant Kumar Sinha R/O Mohalla- Abcil, Rehla, E-110, Bikramnagar, Rehla Kalan, Palamu, Jharkhand- 822124

14. Manoj Kumar Singh Son Of Madan Mohan Singh R/O Qtr. No.- D-1/182, Barauni Refinery, Barauni Refinery Township, Nagda, Begusarai, Bihar- 851117

15. Vinay Kumar Son Of Krishnadeo Narayan R/O Qtr. No.- E-1/61, Barauni Refinery, Barauni Refinery Township, Nagda, Begusarai, Bihar- 851117

16. Satyendra Kumar Yadav Son Of Swami Nath Yadav R/O Qtr. No.- 1/164, Barauni Refinery, Barauni Refinery Township, Begusarai, Bihar- 851117

17. Deepmala D/O Satyendra Narayan R/O Vill.- Sahbajpur, Sarai, Meskor, Sarai, Nawada, Bihar

18. Ram Pravesh Paswan Son Of Late Gauri Paswan R/O Qtr. No.- Cf/127, Barauni Refinery, Barauni Refinery Township, Nagda, Begusarai, Bihar- Patna High Court CR. WJC No.1150 of 2022 dt.02-08-2023

851117

19. Md. Gayasul Haque Son Of Abdul Gafur R/O Head Mosque, Ward No. 4, Amari, Begusarai, Amaridih, Bihar- 848202

20. Ramashankar Singh Son Of Late Rampukar Singh R/O Vill.- Farna, P.O.-

Lohar, P.S.- Barhara, Farna, Bhojpur, Bihar- 802315

21. Pooja Rajesh Singh @ Puja Singh Wife Of Rajesh Kumar Singh R/O 780-B, Panchwati Railway Colony, Nandgaon, Rural, Nasik, Manmad, Maharashtra- 423104

22. Rajendra Prasad Singh Son Of Ram Pukar Singh R/O Vill.- Chandpura, Bhagwanpur, Saran

23. Shashi Keshari Wife Of Chitranjan R/O At Sineraj Theatre, 302, Ginni Classic, Plot 5/7, New Panvel, Maharashtra- 410206

24. Shailesh Kumar Son Of Jagdish Narayan Singh R/O Mehdashapur, Cheriya Bariarpur, Begusarai, Bihar- 851132

25. Jai Prakash Upadhyay Son Of Ramjeevan Upadhyay R/O Vill. And P.O.-

Babhangama, Distt.- Bhojpur, Bihar

26. Dhananjay Kumar Son Of Rajesh Kumar Singh R/O Haldi Chapra, Naya Tola, Maner, Distt.- Patna, Bihar- 801108

27. Reena Kumari Wife Of Rajkumar Bharti R/O Vill.- A/1, Kaushalya Niwas, Jaya Prakash Nagar, Near Dutta Vihar Apartment, Rajeev Nagar, Ashiana Nagar, Patna- 800025

28. Priti Keshari Wife Of Vijay Kumar R/O Near Bari Masjid, Kurmi Tola, Jagdishpur, Bhojpur, Bihar

29. Nagendra Kumar Son Of Sri Ram Swaroop Singh R/O Qtr. No. D/22, Bseb Colony, Rajvanshi Nagar, Patna- 800023

30. Archana Jha Wife Of Ranjeet Kumar Jha R/O Indra Smiti Enclave, South Chitragupt Nagar, Behind Geeta Prasad High School, Kankarbagh, Sampatchak, Patna- 800020

31. Suchita Jha Wife Of Mani Shankar Jha R/O Flat No. 405, 4th Floor, Vaishnavi Umagiri Apartment, Mainpura, Lct Ghat, Buddha Colony, Patna- 800001

32. Deepak Kumar Son Of Prahlad Prasad R/O Lig-4/129, Hanuman Nagar, Kankarbaghm, Patna- 800020

33. Amit Kumar Keshari Son Of Ashok Keshari R/O Cloth Merchant Ship Bazar, P.O.- Jhajha, Distt.- Jamui, Bihar- 811308

34. Saiyad Anwar Hussain Kazmi Son Of Saiyad Sabbar Hussain Kazmi R/O B/51, Anishabad, Alinagar Colony, P.S.- Phulwari, Patna- 800002

35. Amarendra Kumar Gaurav Son Of Late Saryu Prasad Yadav R/O 127, C/O Madan Mohan Jha, Mla Colony, Kautilya Nagar, Veterinary, Patna

36. Ramu Kumar Mishra Son Of Late H.P. Mishra R/O Qtr. No.- 42, Barauni Refinery, Barauni Refinery Township, Nagda, Begusarai, Bihar- 851117

37. Awadhesh Kumar Mishra Son Of Bindeshwar Mishra R/O 235, Purwapali, New Baly Gungi, Haltu, Kolkata, West Bengal- 700078

38. Indu Devi Wife Of Vinay Singh R/O Quarter No. 4, Bmp 5 Campus, P.S.- Patna High Court CR. WJC No.1150 of 2022 dt.02-08-2023

Rukanpura, Distt.- Patna, Bihar- 800014

39. Tarkeshwar Dhar Dwivedi Son Of Chandrabhushan Dhar Dwivedi R/O Flat No. A 301 Shiv Shankar Apartment, Near Shiv Mandir, Bajranjpuri, P.O. And P.S.- Sampathchak, Patna- 800007

40. Amit Kumar Sinha Son Of Anjani Kumar Sinha R/O Q. No. D 1/90, Refinery Township, Begusarai, Bihar- 851117

41. Sanjay Kumar Son Of Gurudin Prasad R/O Qr. No. 3, Road No. 3, Vivek Nagar, P.O.- Govindpur, Jamshedpur, Jharkahnad- 831015

42. Neha Daughter Of Amrendra Kumar R/O House No. K 125, Street- 10, Sou Jaitpur, Badarpur, South Delhi- 110044

43. Chandra Prabha Wife Of Rajeev Ranjan R/O, C/O- Manju Niwas, Road No. 24 P, Rajiv Nagar, P.O.- Keshri Nagar, Patna- 800024

44. Ravi Kumar Son Of Harish Chandra Singh R/O Srirampur, Patna, Bihar-

801103

45. Saket Ranjan Son Of Devendra Kumar Mishra R/O Raghopur, Patna, Bihar-

801103

46. Nilam Roy Son Of Baidya Nath Roy R/O E/736, A Block East Layout Sonari, East Singhbhum Jharkhand- 831011

47. Pooja Shabnam Wife Of Pankaj Kumar R/O House No. A 312, A.G. Colony, Ashiana Nagar, Patna- 800025

48. Rupam Kumari Wife Of Vikram Kumar R/ House No. 6 Vastu Vihar Colony Panchseel Nagar, Opposite Bazar Samiti, Digha, Near Crpf Camp, Patna- 800012

49. Babita Srivastav Wife Of Sanjay Kumar R/O C/O Sanjay Kumar Pandey, B-

45, C.D.A. Colony, Near Novel Elementary School, Shashtrinagar, Patna- 800023

50. Rashim Jha Wife Of Santosh Kumar Jha R/O Ward No. 12, Bajalpura, Teghra, Begusarai, Bihar- 851133

51. Archana Singh Wife Of Shashi Bhusan Singh Etawa Pipra Road, New Professor Colony, Ward No. 16, Near Maranchi Bhawan, Begusarai, Bihar- 851101

52. Anju Wife Of Chandan Kumar Bhardwaj R/O Ward No. 24, Near Old Shiv Mandir, Bihat Jagir Tola, Begusarai, Bihar- 851135

53. Sita Devi Wife Of Ramesh Sharma R/O Qr No. D1f/25, Barauni Refinery Township, Dumri Begusarai, Bihar- 851117

54. Reena Rai Thakur Wife Of Durgesh Thakur R/O Vill. And Post- Gaura, P.S.-

Bihiya, Distt.- Bhojpur, Bihar- 802166

55. Usha Dwivedi Wife Of Kamlesh Dwivedi R/O Vill.- Dasiaon, Post Kesath, P.S.- Nawanagar, Distt.- Buxar- 802125

56. Ram Balak Singh Son Of Late Shiv Shankar Singh R/O Ward Goushganj-

Satpahari, Barhar Road, Ward No. 2, Bhojpur, Arrah, Bihar- 802301

57. Neelam Singh Wife Of Anil Kumar R/O Housing Colony, H.I.G.- 3, Near B.S.N.L. Office, Chandawa, Arrah, Bihar- 802301

58. Manju Devi Wife Of Banshidhar Prasad R/O Road No. 24p, Rajeev Nagar, Patna High Court CR. WJC No.1150 of 2022 dt.02-08-2023

Patna- 800024

59. Chandra Vijay Pathak Son Of Krishna Kumar Pathak R/O C/O K.K. Mishra, Flat No. 401, Raunak Mahadev Enclave, Road No. 60, Shanti Path Gardanibagh, Patna- 800001

60. Ganesh Prasad Gupta Son Of Baijnath Prasad Gupta R/O 301, Kaushikalya Aptt., Shivaji Path, Yarpur, New Jakkanpur, Patna- 800001

61. Priyanka Singh Wife Of Navin Deo Singh R/O Pandit Dindayal Colony, Mishrawaliya, Rauja, Gajipur, U.P.- 233001

62. Shashi Shekhar Roy Son Of Niranjay Roy R/O E/736, A Block East Layout Sonari, East Singhbhum Jharkhand- 831011

63. Sunita Jha Wife Of Sripati Jha R/O B-113, Buddha Colony, Near, Hospito India, Patna- 800001

64. Nirmala Pandey Wife Of Shivaji Pandey R/O 228, Ganga Niketan Niwas, Mp

65. Ranju Kumari Wife Of Anjani Kumar R/O Vill. And Post- K. Bajitpur, P.S.-

Patepur, Distt.- Vaishali, Hajipur, State- Bihar- 843110 ... ... Petitioners Versus

1. The Union Of India Through The Assistant Director, Directorate Of Enforcement, Govt. Of India 1st Floor Chandpura Palace, Bank Road West Gandhi Maidan, Patna, Bihar

2. The State Of Bihar Through Its Secretary, Ministry Of Urban Development, Government Of Bihar Vikas Bhawan, Bailey Road Patna, Bihar

3. Director General Of Police, Bihar, Patna Bihar

4. Chief Judicial Magistrate, Patna Bihar

5. Real Estate Regulatory Authority, Bihar, Patna Bihar

6. Real Estate Appelate Tribunal (REAT) Through Its Registrar, Patna Bihar

7. ADG, Economic Offence Unit, Patna Bihar

8. Agrani Group Of Companies Through Its Director Alok Kumar Singh Bihar

9. Alok Kumar Singh R/O Yogipur, Chitragupta Nagar, P.S.- Patrkar Nagar, P.O.- Lohianagar, Kankarbagh, Patna- 800020

10. Indian Overseas Bank Through Its Chairman, Chennai Central Office, 6th Floor, Annex Building 763 Anna Salai, Chennai- 600002

11. Indian Overseas Bank, Through Its Branch Manager, Kankarbagh Branch, Patna Bihar

12. Indian Overseas Bank, Through Its Branch Manager, Anisabad Branch, Patna Bihar ... ... Respondents ====================================================== Appearance :

(In Criminal Writ Jurisdiction Case No. 1150 of 2022) For the Petitioner/s : Mr. Punit Kumar, Advocate For the State : Mr. Saroj Kumar Sharma, AC to AAG-3 For the E.O.U. : Ms. Soni Srivastava, Advocate Patna High Court CR. WJC No.1150 of 2022 dt.02-08-2023

For the E.D. : Mr. Manoj Kumar Singh, Advocate For the Respondent No. 8 and 9: Mr. Sanjay Singh, Sr. Advocate (In Criminal Writ Jurisdiction Case No. 79 of 2023) For the Petitioner/s : Mr. Punit Kumar, Advocate For the State : Mr. Saroj Kumar Sharma, AC to AAG-3 For the E.O.U. : Ms. Soni Srivastava, Advocate For the E.D. : Mr. Manoj Kumar Singh, Advocate For the Respondent No. 8 and 9: Mr. Sanjay Singh, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date : 02-08-2023

So far as defect no. 6(10) is concerned, learned counsel

for the petitioners submits that all these petitioners have joined

altogether seeking the same and one relief and this common relief

may be granted by one stroke of pen without dealing with the

individual cases of the petitioners, therefore, in view of the

judgment of this Court in the case of Ram Nandan Sharma Vs.

State of Bihar reported in 2000 (3) All PLJR 345, separate court

fees is not required.

2. There is no opposition to the aforesaid submission.

3. This Court has perused the reliefs prayed in the writ

application. By filing these applications, all the petitioners are

seeking a writ in the nature of Mandamus to the Respondent Nos.

1 to 7 to conduct a fair investigation into the allegation of

embezzlement of Rs.1,00,00,00,000/- (Rupees One Hundred

Crores) of the petitioners who claim that they have been duped by

the respondents on the pretext of providing them flats. Patna High Court CR. WJC No.1150 of 2022 dt.02-08-2023

4. This Court agrees with the submission of learned

counsel for the petitioners that the reliefs prayed are common and

need no separate discussions on the facts.

5. The defect no. 6(10) is, therefore, liable to be ignored

and is ordered accordingly.

6. So far as defect no. 6(7) is concerned, learned counsel

for the petitioners submits that the same has already been

submitted.

Brief Facts of the Case

7. These two writ applications have been filed seeking a

direction to the Respondent Nos. 1 to 7 to do investigation in the

matter of embezzlement of Rs.1,00,00,00,000/- (Rupees One

Hundred Crores) of the petitioners who claim that they have been

duped by the Respondent No. 8 and its Directors one of whom has

been made party Respondent No. 9 in the present writ applications.

The petitioners also pray for a direction to initiate action under the

Prevention of Money Laundering Act, 2002 (hereinafter referred to

as the 'PMLA, 2002'). With reference to the FIR No. 275 of 2021

dated 28.02.2021 and FIR No. 309 of 2022 dated 10.07.2022

registered against Respondent Nos. 8 and 9 with Buddha Colony

Police Station, the petitioners submit that there is an urgent need to

take cognizance of these cases as the Respondent Nos. 8 and 9 are Patna High Court CR. WJC No.1150 of 2022 dt.02-08-2023

planning to escape the country as per the sources of the petitioners.

In last, it has been prayed that appropriate writ be issued

commanding the Respondents particularly the Respondent Nos. 8

and 9 to return the money of the petitioners with simple interest at

the rate of 8% per annum.

8. When the writ applications were taken up for

consideration as back as on 16.11.2022, this Court called upon the

Director General of Police, Bihar, Patna to file his affidavit as to

how and under what circumstances, the police stations are refusing

registration of FIRs which are sought to be lodged by the home

buyers who have been duped by the builders/developers. The said

direction was issued taking note of the submissions advanced on

behalf of the petitioners that the police stations are not registering

the complaints of the home buyers.

9. Vide order dated 16.11.2022, this Court while calling

upon the Director General of Police, Bihar, Patna to file an

affidavit, also called upon the learned C.J.M., Patna to submit a

report on the action taken by him after receipt of the complaint in

terms of the judgment of the Appellate Authority as contained in

Annexure '3' to the writ application.

10. This Court further noticed the submission of learned

counsel for the petitioners that even though the project in this case Patna High Court CR. WJC No.1150 of 2022 dt.02-08-2023

did not start but the Indian Overseas Bank, Patna has sanctioned

and disbursed a loan of more than Rupees Two Hundred Crores

approximately. The prayer of learned counsel for the petitioners at

the relevant time was that the investigation be either handed over

to the Economic Offence Unit, Bihar (hereinafter referred to as the

'EOU') or to the Central Bureau of Investigation.

11. This Court issued notice to the Indian Overseas

Bank, through its Chairman and the Indian Overseas Bank through

its Branch Manager, Kankarbagh Branch, Patna and Branch

Manager, Anisabad Branch, Patna who were added as Respondent

Nos. 10, 11 and 12 respectively.

12. In the aforementioned background, when the cases

were taken up for consideration on 07.12.2022, this Court directed

learned counsel for the petitioners to serve two copies of the writ

application on Ms. Soni Srivastava, learned counsel representing

the EOU. On the said date, Mr. V.N.P. Sinha, learned Senior

Counsel appeared for the EOU with Ms. Soni Srivastava, learned

counsel and informed this Court that by now altogether 160 FIRs

have already been instituted.

13. A counter affidavit has been filed on behalf of

Respondent No. 5 through its Officer on Special Duty. This Court Patna High Court CR. WJC No.1150 of 2022 dt.02-08-2023

has been informed that four criminal complaint cases have been

filed against Respondent Nos. 8 and 9 by the said respondent and

cognizance has also been taken by learned C.J.M., Patna in those

cases. Since Respondent No. 9 is in judicial custody in another

case, the learned C.J.M., Patna has taken him on remand in these

four cases.

14. It is reported that the Respondent Company had

collected around Hundreds of Crores of Rupees from the

allottees/complainants in the name of giving flats/plots since 2010

to 2019. The Respondent Company has admitted that they have

taken money from the allottees/complainants for around fifty

projects and from the records of the Authority and the cases filed

before Respondent No. 5 also, it appears that the Respondent

Company and its Directors have taken money for around fifty

projects. From the report of the Chartered Accountant filed by the

Respondent Company duly signed by the Director, it appears that

till 31.03.2017, they had collected an amount of

Rs.1,52,61,05,765/- from different allottees.

15. It is further submitted that the State Government has

constituted a Special Investigation Team for proper inquiry into the

matter and also to take suitable action against the promoters of

M/S Agrani Homes Private Limited and M/S Shine City Infra Patna High Court CR. WJC No.1150 of 2022 dt.02-08-2023

Projects Private Limited. The affidavit of Respondent No. 5 also

refers Letter No. 5941 dated 23.08.2021 written by the EOU to

Senior Superintendent of Police, Patna for institution of case

against M/S Shine City Infra Projects Private Limited.

16. A counter affidavit has been filed on behalf of

Respondent Nos. 10 to 12. It is sworn by the Chief Manager,

Indian Overseas Bank, Regional Office, Patna. In Paragraph '4' of

the affidavit, it is stated that it has not sanctioned and disbursed

loan of Rs. Two Hundred Crores approximately to Alok Kumar or

to Agrani Homes as alleged by the petitioners.

17. Having said so, the affidavit further reveals that

Vijya Raj Laxmi, wife of Alok Kumar of M/S Indus Venture which

is a proprietorship firm (associate of Agrani Homes Private

Limited) has availed a loan of Rs. Three Hundred Ninety Lakhs

(Rs. Three Crores Ninety Lakhs) from the Indian Overseas Bank,

Anishabad Branch, Mr. Alok Kumar (Developer of Agrani Homes

and Guarantor of M/S Indus Venture) has availed housing loan

from the Indian Overseas Bank, Kankarbagh Branch. The

outstanding in that account as on 02.03.2021 is Rs.

1,91,29,381.43/-. In addition, Vijya Raj Laxmi has availed housing

loan of Rs. Ninety Nine Lakhs.

Patna High Court CR. WJC No.1150 of 2022 dt.02-08-2023

18. It is stated that to secure the loan, the properties

mentioned in Paragraph '6' which includes residential property at

Plot No. 15, Patliputra Cooperative House Construction Society

Limited measuring area 17,600 sq. feet has been mortgaged with

the Indian Overseas Bank. Mr. Alok Kumar, in the capacity of

Director, M/S Agrani Home Private Limited has created this

mortgage of residential property registered in the name of Mr.

Alok Kumar.

19. It is further stated in the counter affidavit that M/S

Indus Venture through its Proprietor Vijaya Raj Laxmi (Borrower),

wife of Alok Kumar (Guarantor) availed Miscellaneous Cash

Credit Scheme on 08.04.2019 for Rs. Three Hundred Ninety Lakhs

for six months up to 30.09.2019.

20. It is further stated that Ruban Hospital has out of the

sale proceeds paid Rs.4,31,08,752.53/- in the Indian Overseas

Bank loan account of M/S Indus Ventures (Proprietor Mrs. Vijaya

Raj Laxmi) as against Rs.3.90 Crores stipulated in the agreement

of sale executed on 7th February, 2020 between Mr. Alok Kumar

and M/S Ruban Hospital.

Stand on behalf of the EOU

21. A counter affidavit has also been filed on behalf of

the EOU. In view of the developments during pendency of the writ Patna High Court CR. WJC No.1150 of 2022 dt.02-08-2023

application, a supplementary counter affidavit has been filed today

as well.

22. The stand of the EOU is that vide Letter No. 12291

dated 24th November, 2022, the In-Charge of Cheating Cell, EOU,

Bihar, Patna has forwarded the details of the complaints received

and the action taken by the EOU to the Senior Superintendent of

Police, Patna on different dates.

23. It is stated that the complaints received against the

Agrani Builders and some more builders have been forwarded.

Twenty Eight out of Thirty One such complaints are with respect

to Agrani Builders. The counter affidavit further refers the

complaints forwarded by Real Estate Regulatory Authority (in

short 'RERA') and in this regard, letters as contained in Annexures

'B' and 'C' have been brought on record. The enclosures thereto

contains the name of the complainants who have alleged against

Agrani Homes and Directors.

24. In the supplementary counter affidavit, it is stated

that the EOU has not instituted any independent case against the

Builder Company or its Directors, rather the cases have been

lodged in different police stations by the district police based on

individual complaints of the victims. It is further stated that the

Senior Superintendent of Police, Patna has furnished his report Patna High Court CR. WJC No.1150 of 2022 dt.02-08-2023

vide Letter No. 1507 dated 11.07.2023 which carries the reports

from (a) Buddha Colony Police Station, Patna (b) Shri Krishna

Puri Police Station, Patna (c) Shastri Nagar Police Station, Patna

(d) Patliputra Police Station, Patna (e) Kankarbagh Police Station,

Patna (f) Shahpur Police Station, Patna and (g) Patrakar Nagar

Police Station, Patna which would go to show that a large number

of criminal cases have been lodged against Agrani Group of

Companies and its Directors.

25. Respondent Nos. 8 and 9 have also entered

appearance and are represented by Mr. Sanjay Singh, learned

Senior Counsel. They have filed counter affidavit and

supplementary counter affidavit. Mr. Sanjay Singh, learned Senior

Counsel has submitted before this Court that instead of proceeding

with the criminal cases against the Respondent Nos. 8 and 9, it

would have been in the interest of the Home Builders/Allottees if

this Court constitutes a Committee to find out the ways and means

towards refund of the money to the home buyers/allottees.

26. Learned Senior Counsel has made a submission that

this Court may in exercise of its writ jurisdiction constitute such a

Committee to examine the finances and the properties of this

company from which home buyers may be paid.

Patna High Court CR. WJC No.1150 of 2022 dt.02-08-2023

27. Learned Senior Counsel has further submitted that in

fact Rs. Four Crores approximately belonging to the Company is

lying with the RERA (Respondent No. 5) and it would have been

in the interest of the petitioners if the said Rs. Four Crores be

distributed among the petitioners or the other allottees in terms of

a scheme which may be formulated by the RERA.

28. It is further submission of learned Senior Counsel

that the documents relating to the properties particularly the

immovable properties created by the Company are also lying with

the RERA. It would have been in the fitness of things, if those

documents be either returned to the Respondent Nos. 8 and 9 or to

the Enforcement Directorate (in short 'ED') for further needful.

One of the way-out may be to allow the sale of the land and

distribute the sale proceeds among the allottees.

29. A counter affidavit has also been filed by the

Assistant Director, Directorate of Enforcement, Government of

India. It is stated in his affidavit that from perusal of the various

FIRs, references of which have been made in paragraph '4(i)', it

would appear that many persons intending to buy flats have been

duped by the Directors of M/s Agrani Group of Companies, Patna,

Bihar. The ED has registered one ECIR No. PTZO/01/2023 dated Patna High Court CR. WJC No.1150 of 2022 dt.02-08-2023

11.01.2023 on the basis of the FIRs to initiate investigation under

the provisions of PMLA, 2002 as Section 420 of Indian Penal

Code, 1860 has been invoked in the said FIRs which is a

Scheduled offence under Part- 'A' of the Schedule of PMLA,

2002. It is stated that during investigation more than 73 complaints

have been received in Patna Zonal Office by investors/ purchasers

of the land against respondent no. 8.

30. What has transpired in the course of investigation,

prima-facie have been stated in various paragraphs of this

affidavit. The ED has prima facie noticed that respondent nos. 8

and 9 had illegally diverted the deposits/investments made by the

home buyers and purchased a property in their personal name at

Patliputra Colony, Patna. They have also purchased about 15

bighas land at Parmanandpur, Sonepur, District-Saran at Chapra

after diverting the funds of the deposits from the purchasers. It is

stated that respondent no. 9 has been arrested by Bihar Police and

is in judicial custody in Phulwarisharif Jail, Patna. The ED has

recorded the statement of Respondent No. 9 under Section 50 of

the PMLA, 2002. Search proceedings have been conducted and

now the ED has filed an original application under Section 17(4)

of PMLA, 2002 before the Adjudicating Authority, New Delhi

requesting retention of the seized properties and records during Patna High Court CR. WJC No.1150 of 2022 dt.02-08-2023

continuation of the investigation. The physical and digital records

are being examined to find the linkage of the proceeds of crime

with the Directors of M/s Agrani Home Private Limited and its

Associate Companies and with other suspects.

                                              Consideration

                    31.    Having       taken     note    of   the   aforementioned

submissions and the stand of the respective parties, this Court is of

the considered opinion that sitting under Article 226 of

Constitution of India at this stage when the criminal cases against

the respondent nos. 8 and 9 and their associates are under

investigation with different agencies, it would not be just and

proper to exercise its extraordinary writ jurisdiction to direct either

distribution of the money which is said to be lying with the RERA

or to constitute a committee for sale of the properties which are

under investigation for allegedly having been acquired through the

proceeds of crime.

32. This Court, therefore, would not accept the request

of learned senior counsel for respondent nos. 8 and 9 to constitute

a committee to find out the ways and means to pay off the money

of the allottees. Such steps, if at all be taken, may be appropriately

taken only after the investigation is over by the different agencies

and the petitioners move before appropriate court/forum for Patna High Court CR. WJC No.1150 of 2022 dt.02-08-2023

framing of a scheme for refund of money to the home buyers. It

would require involvement of financial experts in drawing a

scheme for that purpose. Therefore, this Court refrains from going

into that aspect at this stage.

33. This Court has noticed that a large number of

complaints have been filed and FIRs have been registered in

different police stations. The EOU has also intervened and sent the

complaints received in its office to the Senior Superintendent of

Police, Patna. Considering that a large number of complaints have

been registered in different police stations and it would require

investigation through different police officers in different stations,

it would not only be time taking but would also be a kind of

impediment in proceeding towards investigation in right

perspective.

34. This Court, therefore, is of the view that the Director

General of Police, Bihar, Patna must take a view on these

complaints and it would have been in the fitness of the things if all

these FIRs are transferred to the Economic Offence Police Station

and registered accordingly in accordance with law with the

Economic Offence Police Station. The EOU may be directed to

take charge of all the investigation and apply it's best resources

and expertise. This Court, therefore, directs the Director General Patna High Court CR. WJC No.1150 of 2022 dt.02-08-2023

of Police, Bihar to pass an appropriate order within a period of two

weeks from the date of receipt/production of a copy of this order.

35. This Court has noticed that there is an allegation of

financing huge amount of loan to respondent no. 9 by Indian

Overseas Bank. A perusal of the counter affidavit filed on behalf of

the Bank admits to the extent that the finances were made to the

entities of which proprietorship is vested with the wife of the

respondent no. 9. It further reveals that respondent no. 9 stood as a

guarantor and mortgaged the property and if this affidavit is read

with the affidavit of the ED, respondent no. 9 has acquired some

immovable properties in his own name from the money collected

by the Company from the buyers. The property mortgaged with the

Bank is one of the immovable properties. The ED is investigating

with respect to the proceeds of the crime. This Court would not go

into the merits of the allegations but is of the considered opinion

that the EOU must look into this allegation as well and investigate

the matter relating to the finance provided to the wife of the

Respondent No. 9 by the Indian Overseas Bank taking guarantee

from the Respondent No. 9. It has also transpired that in fact

Respondent No. 9 entered into the sale agreement to sell the

mortgaged property but the Bank never lodged any FIR against Patna High Court CR. WJC No.1150 of 2022 dt.02-08-2023

Respondent No. 9. This conduct is also required to be inquired

into.

36. This Court would at the cost of repetition of record

that the direction to inquire into the allegations shall not be

construed as any opinion of this Court on the merit of the

allegations much less any finding and it is for the investigating

agencies to act independently and reach to a conclusion based on

the materials collected in course of investigation.

37. In any view of the matter, the investigating agencies

are expected to conclude the investigation and submit their reports

in the competent court/jurisdictional court as early as possible in

accordance with law.

38. With the aforementioned observations and

directions, these writ applications are disposed of.

(Rajeev Ranjan Prasad, J) Lekhi/-

sushma/-

AFR/NAFR
CAV DATE
Uploading Date          02.08.2023
Transmission Date