Patna High Court
MUKTESHWAR PRASAD @ MUKTESHWAR RAMversusTHE STATE OF BIHAR THROUGH INSPECTOR OF POLICE, VIGILANCE INVESTIGATION BUREAU, BIHAR, PATNA
- Decided
- Disposal
- ALLOWED
- Bench
- ANSUL
Holding
Seized but not confiscated property must be released to its rightful owner immediately.
Summary
The petitioners sought the release of various bank accounts, deposit certificates, and locker contents that had been seized by the Vigilance Department in connection with cases from 1994 and 2015 but had never been confiscated. The petitioner submitted a supplementary affidavit listing the seized items and argued that the Vigilance Department had no authority to retain property that was not confiscated. The respondent Vigilance counsel admitted there was no statutory provision allowing retention of such property. The Court held that once property is seized but not confiscated, the department is not a custodian and must return the property to its rightful owner without any further legal requirement. Consequently, the Court ordered the immediate release of all listed properties and granted the petition.
Issues considered
- What is the legal status of property that has been seized by the Vigilance Department but not confiscated?
- Does the Vigilance Department have any statutory authority to retain seized but unconfiscated property?
- Is the petitioner entitled to immediate release of the seized assets?
Subjects
- right to property
- seizure
- confiscation
- vigilance department
- release of property
- criminal miscellaneous petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6130 of 2022
Arising Out of PS. Case No.-9 Year-1994 Thana- VIGILANCE District- Patna
======================================================
1. MUKTESHWAR PRASAD @ MUKTESHWAR RAM SON OF LATE
CHHANGALI RAM RESIDENT OF SINHA SAN, YARPUR, ROAD NO.
1, P.S. GARDANIBAGH, DISTRICT- PATNA
2. RATI DEVI WIFE OF MUKTESHWAR PRASAD RESIDENT OF SINHA
SAN, YARPUR, ROAD NO. 1, P.S. GARDANIBAGH, DISTRICT- PATNA
3. DR. ABANESHWAR PRASAD SON OF MUKTESHWAR PRASAD
THROUGH HIS POWER OF ATTORNEY HOLDER SMT. RATI DEVI,
RESIDENT OF SINHA SAN, YARPUR, ROAD NO. 1, P.S.
GARDANIBAGH, DISTRICT- PATNA
4. RATNESHWAR PRASAD SINHA SON OF MUKTESHWAR PRASAD
RESIDENT OF SINHA SAN, YARPUR, ROAD NO. 1, P.S.
GARDANIBAGH, DISTRICT- PATNA
5. DINESHWAR PRASAD SINHA SON OF MUKTESHWAR PRASAD
RESIDENT OF SINHA SAN, YARPUR, ROAD NO. 1, P.S.
GARDANIBAGH, DISTRICT- PATNA
6. RAJESHWAR PRASAD SINHA SON OF MUKTESHWAR PRASAD
RESIDENT OF SINHA SAN, YARPUR, ROAD NO. 1, P.S.
GARDANIBAGH, DISTRICT- PATNA
7. SOMESHWAR PRASAD SINHA SON OF MUKTESHWAR PRASAD
RESIDENT OF SINHA SAN, YARPUR, ROAD NO. 1, P.S.
GARDANIBAGH, DISTRICT- PATNA
8. RINA SINHA WIFE OF RATNESHWAR PRASAD SINHA RESIDENT
OF SINHA SAN, YARPUR, ROAD NO. 1, P.S. GARDANIBAGH,
DISTRICT- PATNA
..
. ... Petitioner/s
Versus
1. THE STATE OF BIHAR THROUGH INSPECTOR OF POLICE,
VIGILANCE INVESTIGATION BUREAU, BIHAR, PATNA BIHAR
2. THE BRANCH MANAGER, BANK OF INDIA, BIRCHAND PATEL
MARG, PATNA-1 BIHAR
3. THE BRANCH MANAGER, STATE OF BIKANER AND JAIPUR (NOW
STATE BANK OF INDIA) R. BLOCK, PATNA-i BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prashant Sinha
For the Opposite Party/s : Mr.Arvind Kumar
======================================================
Patna High Court CR. MISC. No.6130 of 2022(7) dt.16-03-2026
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CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
7 16-03-2026 The petitioner has filed this application for release of
those articles belonging to the petitioners which were seized in
connection with Vigilance P.S. Case No. 9 of 1994 but not
confiscated in connection with Special Case No.68 of 1994 or
Special Case No.01 of 2015.
2. The counsel for the petitioner has brought on record
the supplementary affidavit giving a list of properties which
were seized but not confiscated. The copy has already been
served to the learned counsel for the Vigilance who has no
objection to the aforesaid facts.
3. The counsel for the Vigilance was asked as to why
these properties seized but not even confiscated has not been
released in favour of the petitioner automatically. He states that
there is no provision in the Act which could allow them to return
the property. This Court is of the understanding that the
moment the property is seized and not confiscated, the Vigilance
Department or any other concerned authorities is not custodian
of the property and it has to be returned to its rightful owner
then and there. There is no requirement of any law as such for
the same as it is the normal course of any investigation. Still the
Court requests Mr. Arvind Kumar to ensure that such mis-
Patna High Court CR. MISC. No.6130 of 2022(7) dt.16-03-2026
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adventures do not happen in future as the property belonged to
particular citizen and his right to property is violated with such
action of the Vigilance Department.
4. List of the properties as detailed in supplementary
affidavit para 2 which are as follows :-
i) SBI Bhagalpur Branch A/C No. 2074 (old),
New A/C No.01190/014245 in the name of Mukteshwar
Prasad, which was at serial no. 151 of the seizure list
dated 18-06-1994 and due to order of the S.P., Vigilance
dated 20-06-1994, the payment has been stopped. This
account is required to be released.
(ii) The State Bank of Bikaner and Jaipur, R.
Block, Patna (now State Bank of India) A/C No. 4266 in
the name of Dineshwar Prasad Sinha. It was at serial no.
148 of seizure list dated 18-06-1994.
(iii) The State Bank of India, Bhagalpur A/C
No. 12309 in the name of Ratneshwar Prasad Sinha,
which at serial no. 152 of the seizure list.
(iv) The State Bank of Bikaner and Jaipur, R.
Block, Patna (now State Bank of India), A/C No. 3011 in
the joint name of Ratneshwar Prasad Sinha and late
Chhangali Ram, which was at serial no. 154 of seizure
list dated 18-06-1994.
(v) Bank of India, Birchand Patel Path, Patna,
A/C No. 6592 in the joint name of Ratneshwar Prasad
Sinha and Dineshwar Prasad Sinha, which was at serial
no. 138 of the seizure list dated 18-06-1994.
(vi) Bank of India, Birchand Patel Path, Patna,
Patna High Court CR. MISC. No.6130 of 2022(7) dt.16-03-2026
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A/C No. 8806 in the name of Ratneshwar Prasad Sinha,
which is at serial no. 142 of the seizure list dated 18-06-
1994.
(vii) Bank of India, Birchand Patel Path, Patna,
A/C No. 1728 in the name of Rajeshwar Prasad Sinha,
which is at serial no. 143 of the seizure list dated 18-06-
1994.
(viii) Bank of India, Birchand Patel Path, Patna,
A/C No. 8183 in the name of Someshwar Prasad Sinha,
which is at serial no. 140 of seizure list dated 18-06-1994.
(ix) State Bank of India, Main Branch, Gandhi
Maidan, Patna, A/C No. 1201 (old), New A/C No.
10498001309 in the name of Rati Devi, which is at serial
no. 146 of the seizure list dated 18-06-1994.
(x) State Bank of India, Bhagalpur, A/C No.
9215 (old), New A/C No. 01190/0156612 in the name of
Rati Devi, which is at serial no. 150 of the seizure list
dated 18-06-1994.
(xi) Double benefit deposit certificate No. 2883
dated 19-05-1994 of Bank of India, Birchand Patel Path,
Patna, which is at serial no. 263 of the seizure list dated
18-06-1994.
(xii) Bank of India, Birchand Patel Path, Patna,
A/C No. 8805 in the name of Smt. Rina Sinha, which is at
serial no. 144 of the seizure list dated 18-06-1994.
(xiii) Locker No. 331 Class A in Bank of India,
Birchand Patel Path, Patna in the name of Smt. Rati Devi,
Ratneshwar Prasad Sinha and Someshwar Prasad Sinha
along with articles kept in the said locker in terms of the
inventory list dated 04-07-1994 (which is at Page 217 of
Patna High Court CR. MISC. No.6130 of 2022(7) dt.16-03-2026
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the main application). Key of the said locker is also
seized by the Vigilance.
(xiv) Locker No. G 20 and its Key No. 5 of
State Bank of Bikaner and Jaipur, R. Block, Patna (now
SBI) in the name of Dr. Abneshwar Prasad Sinha (through
his mother and Power of Attorney holder Smt. Rati Devi),
Ratneshwar Prasad Sinha and Rati Devi and the articles
kept therein as per the inventory list dated 04-07-1994
(which is at page 222 of the main petition).
5. As such all the properties as detailed in para 2 of
the supplementary affidavit are directed to be released forthwith.
6. Accordingly, this petition is allowed with the terms
indicated above.
(Ansul, J)
sanjeev/-
U
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