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2026 DAILYLAW 12041 (JHR)

YASODA DEVI v. THE STATE OF JHARKHAND

Cr.M.P./1461/2026 · 2026-05-14

Anil Kumar Choudhary

body2026

Judgment text

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( 2026:JHHC:14894 ) 1 Cr.M.P. No.1461 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1461 of 2026 Yasoda Devi, aged about 39 years, Wife of Late Paresh Mandal, resident of village –Kasitard, P.O. and P.S. –Karmatard, District – Jamtara. .... Petitioner Versus The State of Jharkhand …. Opp. Party P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioner : Mr. R.S. Mazumdar, Sr. Advocate : Mrs. Jasvindar Mazumdar, Advocate : Mr. Rohan Mazumdar, Advocate For the State : Mr. Manoj Kr. Mishra, Addl. P.P. ….. By the Court:- 1. Heard the parties. 2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of the B.N.S.S., 2023 with the prayer to quash the order dated 08.04.2026 passed by the learned Special Judge Cyber Crime, Jamtara in connection with Jamtara Cyber P.S. Case No. 46 of 2025 whereby and where under the learned Special Judge has rejected the prayer for release of the car belonging to the deceased husband of the petitioner namely Paresh Mandal in favour of the petitioner on the ground that the same having been purchased by the proceeds of the crime of cyber fraud, the vehicle may be subject of confiscation. 3. The learned senior counsel for the petitioner submits that the petitioner undertakes to execute an indemnity bond to the tune of Rs.13,00,000/- with two solvent sureties of the like amount each, ( 2026:JHHC:14894 ) 2 Cr.M.P. No.1461 of 2026 with an undertaking to produce the said car as and when directed by the court or the police. It is next submitted that the said car is lying under the open sky in the premises of the police station which is likely to diminish its value. It is then submitted that there is no one else than the petitioner to claim the vehicle. Therefore, it is submitted that the learned Special Judge, Cyber Crime, Jamtara ought to have ordered for release of the vehicle. Hence, it is submitted that the prayer as prayed for by the petitioner in this criminal miscellaneous petition be allowed. 4. The learned Addl. P.P. on the other hand vehemently opposes the prayer as prayed for by the petitioner in this criminal miscellaneous petition and submits that there is no illegality in the impugned order. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed. 5. Having heard the submissions made at the Bar and after going through the materials available in the record, it is pertinent to mention here that the seized car belongs to the deceased husband of the petitioner and there is no other claimant than the petitioner in respect of the said car. The said car is admittedly lying under open sky in the premises of the police station and if kept continuously for a considerable period of time, the value of the car is likely to be diminished. 6. Considering the aforesaid facts, this Court is of the considered view that the learned Special Judge has committed an illegality by not passing orders for release of the said vehicle in favour of the ( 2026:JHHC:14894 ) 3 Cr.M.P. No.1461 of 2026 petitioner. Therefore, this is a fit case where the impugned order dated 08.04.2026 passed by the learned Special Judge Cyber Crime, Jamtara in connection with Jamtara Cyber P.S. Case No. 46 of 2025, be quashed and set aside. 7. Accordingly, the order dated 08.04.2026 passed by the learned Special Judge Cyber Crime, Jamtara in connection with Jamtara Cyber P.S. Case No. 46 of 2025, is quashed and set aside. 8. The learned Special Judge, Cyber Crime, Jamtara is directed to release the Hyundai Alcazar Car bearing Registration No. JH10CQ-8906, Chassis No. MALPC813LPM345842 and Engine No. D4FAPM809329 in favour of the petitioner on the petitioner’s submitting an undertaking on the following terms and conditions: i. The petitioner shall furnish an indemnity bond of Rs. 13,00,000/- with two solvent sureties of the like amount each to the effect that the petitioner shall produce the vehicle as, and when required by the court or police. ii. The petitioner shall not sale, mortgage or transfer the ownership of the vehicle during the pendency of the case nor allow anybody else than her to ride the same. iii. The petitioner shall not change or tamper with the identification of the vehicle in any manner during the pendency of the case. iv. Any other condition, if any, to be imposed by the trial court. 9. In the result, this criminal miscellaneous petition is allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 14th May, 2026 AFR/Sonu- Uploaded on 18.05.2026