[2026:JHHC:12286] 1 Cr. M.P. No.733 of 2022 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.733 of 2022 ------ Dhiraj Kumar Mandal @ Dhiraj Manda, aged about 24 years, son of Dhaneshwar Mandl, resident of Village Kanshitanr, P.O. and P.S. Karmatanr, District Jamtara, Jharkhand. … Petitioner Versus 1. The State of Jharkhand 2. Branch Manager, Bank of India, Karmatanr Branch, P.O. + P.S.- Karmatanr, Dist- Jamtara … Opposite Parties ------ For the Petitioner : Mr. Arvind Kumar Choudhary, Advocate For the State : Mr. Naveen Kr. Ganjhu, Addl.P.P. For the O.P. No.2 : None ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. Though notice has validly been served upon the opposite party No.2 yet no one turns up on behalf of the opposite party No.2 in spite of repeated calls. 3. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash the order dated 01.02.2022 passed by the learned Sessions Judge-I, Jamtara in M.C.A. No. 806 of 2021 arising out of Jamtara (Cyber Crime) P.S. Case No. 25 of 2021 corresponding to Cyber Case No. 49 of 2021 whereby and where under the learned Sessions Judge-I, Jamtara rejected the petition filed by the petitioner for reopening of the Bank Account bearing Account No. [2026:JHHC:12286] 2 Cr. M.P. No.733 of 2022 477410510001128 in the name of the petitioner with the opposite party No.2 bank. 4. The brief fact of the case is that the petitioner is the account- holder of the said Account No. 477410510001128 with the opposite party No.2 bank. There is no dispute regarding the same. As per the instruction of the Cyber Police Station, Jamtara, freeze of debit has been made in the said Bank Account of the petitioner. The petitioner filed a petition to re-open the Bank Account for release of the amount from the said Bank Account. The learned Sessions Judge-I, Jamtara considered that the investigation is pending against the petitioner and a cash of Rs.5,49,000/- has been deposited in the said Bank Account, while the accused had no valid known source of income; therefore such deposits in the said bank account of the petitioner was as the result of the cybercrime. 5. Learned counsel for the petitioner submits that though the freeze of the debit has been from the said Bank Account since 12.10.2021 but till today, no material could be collected by the police to suggest that any of the deposits made in the said Bank Account is ill-gotten money of the petitioner. It is next submitted that all the money of the petitioner has been explained by the petitioner in supplementary affidavit dated 15.04.2024 filed in this case but the State has not controverted the same. It is further submitted that the petitioner is in need of money and the learned Sessions Judge-I, Jamtara, without any rhyme or reason, has rejected the petition for permitting debit of the said Bank Account of the petitioner by himself. Hence, it is submitted [2026:JHHC:12286] 3 Cr. M.P. No.733 of 2022 that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed. 6. Learned Addl.P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in this Criminal Miscellaneous Petition. 7. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, this Court finds that though the investigation of the case is going on for more than four years, as yet police could not collect any material to suggest that any of the deposits made in the said Bank Account of the petitioner is ill-gotten money. 8. Under such circumstances, this Court is of the considered view that this is a fit case where the petitioner be permitted to make debit from his Bank Account bearing Account No. 477410510001128, Bank of India, Karmatanr Branch; upon furnishing an indemnity bond with two solvent sureties to the extent of Rs.6,00,000/- before the trial court in connection with M.C.A. No. 806 of 2021 arising out of Jamtara (Cyber Crime) P.S. Case No. 25 of 2021 corresponding to Cyber Case No. 49 of 2021 with the undertaking that in case, any money in the said Bank Account is found to be ill-gotten money, the same will be deposited by the petitioner as per the order of the Court concerned. 9. This Criminal Miscellaneous Petition is allowed to the aforesaid extent only. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 27th of April, 2026 AFR/ Saroj Uploaded on 28/04/2026