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Rajasthan High Court - Jodhpur
Surendra Bera vs The State Bank Of India ... on 6 February, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:6882]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2766/2026
Surendra Bera S/o Sh. Ramprakash Bera, Aged About 23 Years,
R/o Mang Ji Ki Dhani, Mokala, Tehsil Merta, Dist. Nagaur, Raj.
----Petitioner
Versus
1. The State Bank Of India, Through Its Branch Manager,
Branch Nagauri Chouraha, Merta, Dist. Nagaur.
2. Reserve Bank Of India, Through Its Regional Director
Having Its Office At Rambagh Circle Tonk Road, Jaipur.
3. Station House Officer, Police Gotan, Dist. Nagaur.
----Respondents
For Petitioner(s) : Mr. O.P. Sangwa
For Respondent(s) : -
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
06/02/2026
1. The instant writ petition under Article 226 of the Constitution
of India has been filed by the petitioner seeking the following
reliefs:-
"It is, therefore, humbly prayed that yours Lordships
may graciously be pleased to accept and allow this writ
petition by calling the entire record and after perusal of the
same :-
(i) Issue a writ in the nature of Mandamus or any other
appropriate writ, order, or direction commanding the
Respondent Bank to immediately unfreeze the current
account of the Petitioner bearing Account No. 42282381671,
held with the State Bank of India.
(ii) Order that the respondent Bank shall be at liberty to
transfer the amount to the original account from which it was
credited to the petitioner's account.
(iii) Direct the Respondent Bank to provide written reasons
for the freezing of the account and any communication
received from Cyber Crime authorities, if any.
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[2026:RJ-JD:6882] (2 of 3) [CW-2766/2026]
(iv) Declare that the action of the Respondent Bank is
arbitrary, illegal, and violative of Articles 14, 19(1) (g), and
300A of the Constitution of India.
(v) Award costs of this petition in favour of the Petitioner.
(vi) Any other appropriate order or direction which is deemed
just and proper in the facts and circumstance by this Hon'ble
Court may also be passed in favour of the petitioner's
committee."
2. Having considered the facts and circumstances of the case,
this Court deems it just and proper to dispose of this writ petition
with a direction to the State Bank of India (Respondent No.1) to
keep the disputed amount (the amount which was transferred
illegally in the bank account of the petitioner) frozen and allow the
petitioner to make transactions from his bank account from the
remaining balance.
3. It is further made clear that in case, the respondent - Bank
has not received the information regarding the exact figure of the
disputed amount, which the Investigating Officer/Police alleges to
be receipt(s) of the offence, the bank shall send a communication
to the concerned Investigating Officer/Police, to indicate the
amount to be earmarked for lien, while endorsing a copy of the
instant order.
4. Upon receipt of such communication/letter, the concerned
Investigating Officer/Police shall be under an obligation to apprise
the respondent - Bank about the amount to be kept in lien, within
a period of seven days of receiving the communication from the
respondent - Bank. The respondent - bank shall thereafter do the
needful as directed herein above.
5. It is further made clear that in case, the respondent-Bank
does not receive any reply from the concerned Investigating
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[2026:RJ-JD:6882] (3 of 3) [CW-2766/2026]
Officer/Police, then it shall be duty bound to act in accordance
with the instant order.
6. Stay petition as well as all pending application, if any, stand
disposed of.
(KULDEEP MATHUR),J
51-divya/-
(Uploaded on 06/02/2026 at 05:30:11 PM)
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