Bachan Kumar @ Ram Bachan Kumar vs The State Of Bihar on 7 March, 2022

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Patna High Court - Orders

Bachan Kumar @ Ram Bachan Kumar vs The State Of Bihar on 7 March, 2022

Heard Sri Amit Shrivastava, learned Senior Advocate, assisted by Sri Girish Pandey, Smt. Mamta Rani, Smt. Shrruttima Ehersa, Sri Rohan Ahuja, Sri Vatsalya Vishal and Smt. Riya Gupta, learned Advocates, for the respondent nos. 8 and 12, Youtube LLC & Google LLC., Sri P.N. Shahi, learned Senior Advocate assisted by Sri Apurv Harsh, learned advocate for the State Bank of India, Sri Suresh Prasad Singh, learned counsel, assisted by Kumari Reshmi, learned counsel for the Punjab National Bank, Sri Ajay, G.A.-5 assisted by Sri Jharkhandi Upadhyay, Sri Shailendra Kumar, Sri Binod Kumar, Sri Tarkeshwar Nath Thakur, learned APPs for the State, Sri Vishwanath Prasad Singh, learned Senior Advocate assisted by Smt. Soni Srivastava, learned counsel for the Economic Offences Unit (for short "EOU") and Sri Manu Tripurari and Santosh Kumar, learned Amicus Curiae.

Matter being investigated by the E.O.U. pursuant to order of this Court.

The Superintendent of Police, Special Task Force and Investigating Officer of the case entrusted with the investigation of this case has appeared along with Sri Patna High Court CR. MISC. No.38807 of 2020(21) dt.07-03-2022 3/6 Vishwanath Prasad Sinha, learned Senior Advocate and Smt. Soni Srivastava, learned Advocate for the Economic Offences Unit and prays for four weeks' time for concluding the investigation on all aspects.

Prayer is allowed.

Put up this matter on 06.04.2022 for further hearing.

Matter with regard to State Bank of India Sri Amit Srivastava, learned Senior Advocate submits that though the amount of the applicant - Atul Kumar Verma, was taken up from the account of the Punjab National Bank but they have returned the entire amount to the applicant but the State Bank of India is not taking any steps for return of the amount.

Sri P.N. Shahi, learned Senior Advocate for the State Bank of India is directed to seek instruction as to reversing the amount which has been cheated from three different accounts of applicant - Atul Kumar Verma.

On the next date of hearing, Sri P.N. Shahi, learned Senior Advocate, must come up with a positive statement or this Court will pass further orders for personal appearance of the highest officers of the Bank. Patna High Court CR. MISC. No.38807 of 2020(21) dt.07-03-2022 4/6 It has been submitted by Sri Manindra Kishore Singh, learned Advocate, that part amount has already been reversed and other part has not been reversed by the Bank as yet and now they are trying to take some grounds which are not available to them.

Sri Shahi, learned Senior Counsel for the State Bank of India, will also seek instructions in the matter of Sri Manindra Kishore Singh for return of the entire cheated amount.

This Court has earlier observed that the details of the bank account of any customer cannot be shared to an outsider. Unless there is a personnel from the Bank is involved in leaking out the details, the fraud cannot be committed in the Bank account of any customer and if any fraud has been committed in the account of the customer, in such circumstance, the liability of the Bank is there in view of the recent decision of the Apex Court in the case of DAV Public School vs. Senior Manager, Indian Bank, Midnapur Branch and Others reported in (2019) 20 SCC 31.

It is coming to the notice of this Court that someone in Rajiv Nagar Branch of State Bank of India is conniving with the cyber criminals and cheated the customers Patna High Court CR. MISC. No.38807 of 2020(21) dt.07-03-2022 5/6 after leaking their details. The Police perhaps is not taking much interest in investigating the case.

The Senior Superintendent of Police, Patna, is directed to himself supervise the case and file a status report on or before 10.03.2022. Before filing the status report he should employ all methods of investigation so that cyber criminals are arrested.

Sri Shahi, learned Senior Counsel for the State Bank of India, will also seek instructions in the matter of Sri Rajeev Kumar Singh for return or the entire cheated amount.

The Branch Manager of State Bank of India, Patna High Court Branch is present before this Court. On being asked by the Court that whether the S.B.I. Cards is a separate company or is a part of S.B.I., he has said that S.B.I. Cards is a separate company.

The data of the customers of the Bank is being shared with the S.B.I. Cards by the State Bank of India and this results in leaking the details of the customers to the cyber criminals. The S.B.I. is directed to file a detailed affidavit as to under what authority they shared the details of their customers to separate companies without authorization or permission of the customers.

Patna High Court CR. MISC. No.38807 of 2020(21) dt.07-03-2022 6/6 This issue will be taken up on 30.03.2022 for further hearing.

Matter with regard to Rupaspur Police Station Sri Tarkeshwar Nath Thakur, learned Advocate, had made a submission that his money has been siphoned off by the cyber criminals and his complaint was not registered by the Rupaspur Police Station.

Believing his submission, the Officer-In-Charge of Rupaspur Police Station was directed to file show cause as to why F.I.R. was not registered by him on the complaint of Sri Tarkeshwar Nath Thakur.

Today, It has been submitted by Sri Ajay, G.A.-5 that on the complaint of Sri Tarkeshwar Nath Thakur, Rupaspur P.S. Case No. 489 of 2021 was registered and the statements of witnesses were recorded which includes Clerk and the daughter of Sri Tarkeshwar Nath Thakur.

In such view of the matter, no order need to be passed in the matter.

(Sandeep Kumar, J) pawan/-

U       T

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Patna High Court - Orders