[2026:JHHC:15278] 1 Cr.M.P. No. 1494 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1494 of 2026 1. Vivek Kejriwal, aged about 43 years, son of Late Pradeep Kumar Kejriwal, resident of Flat no. 501, Krishna Block, Road No. 5, Hari Om Nagar, Heaven River View Society, Adityapur, P.O.- Adityapur, P.S.- Adityapur, Dist.- Seraikella-Kharsawan. 2. Sanjay Agarwal @ Sanjay Kumar Sarayan @ Sanjay Sarayan @ Sanjay Kumar, aged about 45 years, son of Pramod Kumar Sarayan, resident of 106, C.R. Road, near M.R.S. Hospital, Post- Raniganj, P.S.-Raniganj, Dist.- Burdwan, State- West Bengal ...... Petitioners Versus The State of Jharkhand ….. Opposite Party For the Petitioners : Mr. Vikash Kumar, Adv. For the State : Mr. P.K. Chatterjee, Spl. PP P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of BNSS, 2023 with the prayer for quashing and setting aside the order dated 29.07.2025 passed by learned Chief Judicial Magistrate, Singhbhum West, Chaibasa in Criminal Misc. Case no. 07 of 2025 arising out of Noamundi P.S. case no. 11 of 2008 corresponding to G.R. Case no. 121 of 2008 whereby and whereunder, the petition filed by the petitioners for release of Rs. 3,00,000/- each deposited as Cash Security by the petitioners in terms of the order dated 08.11.2023 passed in ABA No. 9312 of 2023 has been rejected. 3. The brief fact of the case is that during the pendency of G.R. Case no. 121 of 2008, the petitioners were given the privileges of anticipatory bail subject to deposit of Cash Security of Rs. 3,00,000/- each; which they have deposited. [2026:JHHC:15278] 2 Cr.M.P. No. 1494 of 2026 4. It is submitted by the learned counsel for the petitioners drawing attention of the Court to the copy of judgment dated 29.07.2025 passed in the said G.R. Case no. 121 of 2008 by learned Chief Judicial Magistrate, Singhbhum West, Chaibasa that learned Chief Judicial Magistrate Singhbhum West, Chaibasa by the said judgement has acquitted the petitioners, who were the accused persons of the said case, of all the charges levelled against them and discharged them and their sureties from the liability of the bail bond but did not pass any order regarding the cash security deposited by the petitioners and consequent upon that the petitioners filed a petition for release of the amount of the Cash Security deposited by them in their favour and the same was rejected on the ground that in the Anticipatory Bail Application, it has not been mentioned as to whether the Cash Security is subject to the final disposal of the case concerned and rejected the said prayer. 5. It is next submitted by learned counsel for the petitioners that since the petitioners have already been acquitted and discharged of the liability of their bail bond, there is no point in insisting to keep the Cash Security, hence, the impugned order is not sustainable in law, therefore, the same be quashed and set aside. 6. Learned Spl. PP on the other hand vehemently opposes the prayer of the petitioner and submits that this Criminal Miscellaneous Petition being without any merit, be dismissed. 7. Having heard the submissions made at the Bar and after going through materials available in the record, it is pertinent to mention here that the Cash Security is one of the modes of condition of a bail to ensure that accused persons of the case are deterred from jumping the bail. Now coming to the facts of the case, the undisputed fact remains that the petitioners have already been acquitted in the case concerned and they have been discharged of the liabilities of their bail bond and once, they are discharged of the liabilities of their bail bond, there is no justifiable reason to retain the Cash Security undisputedly [2026:JHHC:15278] 3 Cr.M.P. No. 1494 of 2026 deposited by the petitioners. Hence, this Court is of the considered view that the impugned order 29.07.2025 passed by learned Chief Judicial Magistrate, Singhbhum West, Chaibasa in Criminal Misc. Case no. 07 of 2025 arising out of Noamundi P.S. case no. 11 of 2008 corresponding to G.R. Case no. 121 of 2008 being not sustainable in law, be quashed and set aside against the petitioners. 8. Accordingly, the order 29.07.2025 passed by learned Chief Judicial Magistrate, Singhbhum West, Chaibasa in Criminal Misc. Case no. 07 of 2025 arising out of Noamundi P.S. case no. 11 of 2008 corresponding to G.R. Case no. 121 of 2008 being not sustainable in law, is quashed and set aside against the petitioners. 9. Learned Chief Judicial Magistrate, Singhbhum West, Chaibasa is directed to release the Cash Security of Rs. 3,00,000/- each deposited by the petitioners in their favour in connection with Noamundi P.S. case no. 11 of 2008 corresponding to G.R. Case no. 121 of 2008 forthwith. 10. In the result, this Criminal Miscellaneous Petition is allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated, the 15th May, 2026 Smita /AFR Uploaded on 19.05.2026