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IN THE HIGH COURT OF JUDICATURE AT PATNA
BIBEK CHAUDHURI
Atul Kumar Singh, son of Late Ranjit Singh – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. petitioner seeks relief from frozen bank account. (Para 1 , 2) |
| 2. respondents argue freezing justified based on investigation. (Para 3 , 4) |
| 3. section 57(b) doesn't apply to bank accounts. (Para 5 , 6) |
| 4. discussion on legal standards for seizing accounts. (Para 7) |
| 5. past ruling indicates jurisdictional compliance needed for account freezing. (Para 8 , 9) |
| 6. insufficient evidence for freezing account as proceeds of crime. (Para 10 , 11 , 12) |
| 7. writ petition maintainable against improper action of i.o. (Para 13 , 14) |
| 8. court quashes illegal freeze of bank account. (Para 15) |
| 9. writ petition granted in favor of petitioner. (Para 16) |
JUDGMENT :
BIBEK CHAUDHURI, J.
The petitioner has approached this Court invoking constitutional writ jurisdiction under Article 226 of the Constitution for the following reliefs:-
“i. For the issuance of appropriate writ of Mandamus or any other appropriate writ(s) or order(s) or direction(s) commanding the Respondent authorities to immediately defreeze the Account of the Petitioner bearing Account No. 50100252268044 HDFC Bank at Patrakarnagar Branch, Kankarbagh (Patna) which has been frozen in Patrakarnagar P.S. Case No. 36/2021 (Special Case N
The court held that freezing a bank account without evidence of proceeds of crime is illegal, and a writ can be maintained to challenge unauthorized actions by authorities.
The central legal point established in the judgment is that the freezing of a bank account under Section 102 of Cr.P.C requires the fulfillment of pre-conditions, including a reasonable suspicion of ....
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