[2026:JHHC:17608] 1 Cr.M.P. No. 1679 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1679 of 2026 Gopi Bari, aged about 37 years, son of Dhanu Bari, resident of village + Post- Keshargariya, P.S.- Rajnagar, Dist.- Seraikella- Kharsawan, Jharkhand ...... Petitioner Versus The State of Jharkhand ….. Opposite Party For the Petitioner : Mr. Gautam Kumar, Adv. For the State : Ms. Vandana Bharti, Addl. 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 01.04.2026 passed under Section 309 (6) of BNS in connection with S.T. No. 38 of 2026 in MCA no. 289 of 2026 in Sadar P.S. case no. 67 of 2025 by learned Additional Sessions Judge-I, West Singhbhum at Chaibasa whereby and whereunder learned Additional Sessions Judge-I, West Singhbhum at Chaibasa has rejected the prayer of the petitioner for release of his Honda Shine 125 Disc motorcycle bearing registration no. JH-22J-6099. 3. The brief facts of the case is that the petitioner is an accused of the said case involving the offence punishable under section 309(6) of the BNS. The petitioner is the owner of the said motorcycle but since his motorcycle was used in commission of crime; even though the charge sheet has been submitted but since the charge has not yet been framed and the case was fixed for hearing on the point of charge; learned Additional Sessions Judge-I, West Singhbhum at Chaibasa rejected the prayer for release of the motorcycle of the petitioner. [2026:JHHC:17608] 2 Cr.M.P. No. 1679 of 2026 4. Learned counsel for the petitioner submits that the undisputed fact remains that the petitioner is the owner of the said motorcycle and the same is lying under the open sky within the premises of the police station and there is every chance of the vehicle being decayed if allowed to remain under the open sky during the ensuing monsoon season. It is next submitted that the petitioner is ready and willing to furnish indemnity bond of Rs.1,00,000/- with solvent sureties to abide by the conditions imposed for the release of the said vehicle. Hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed with a direction to the learned Additional Sessions Judge-I, West Singhbhum at Chaibasa to release the said motorcycle in favour of the petitioner. 5. Learned Addl. PP on the other hand vehemently oppose the prayer of the petitioner and submits that this Criminal Miscellaneous Petition being without any merit, be dismissed. 6. 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 undisputed fact remains that the petitioner is the owner of the said motorcycle and the motorcycle concerned is not the stolen / looted property of the case and the petitioner has also undertaken not to change the nature and colour of the motorcycle in any manner. It is a settled principle of law that unnecessarily the seized property of the case should not be allowed to be kept under the open sky causing damage to the same. 7. Under such circumstances this court is of the considered view that the order dated 01.04.2026 passed by learned Additional Sessions Judge-I, West Singhbhum at Chaibasa in connection with S.T. No. 38 of 2026 in MCA no. 289 of 2026 in Sadar P.S. case no. 67 of 2025 is not sustainable in law has without any adequate reason, the learned Additional Sessions Judge-I, West Singhbhum at Chaibasa has rejected the prayer of the petitioner for the release of the vehicle in his favour, of which undisputedly he is the owner. [2026:JHHC:17608] 3 Cr.M.P. No. 1679 of 2026 Accordingly, the impugned order is liable to be quashed and set aside. 8. Accordingly, the order dated 01.04.2026 passed by learned Additional Sessions Judge-I, West Singhbhum at Chaibasa in connection with S.T. No. 38 of 2026 in MCA no. 289 of 2026 in Sadar P.S. case no. 67 of 2025 is quashed and set aside. 9. Learned Additional Sessions Judge-I, West Singhbhum at Chaibasa, is directed to release the Honda Shine 125 Disc motorcycle bearing registration no. JH-22J-6099 in favour of the petitioner on the petitioner submitting an undertaking on the following terms and conditions: i. The petitioner shall furnish an indemnity bond of Rs. 1,00,000/- with two solvent sureties to abide by the conditions delineated below. ii. The petitioner shall produce the vehicle as and when required by the court. iii. The petitioner shall not sale, mortgage or transfer the ownership of the vehicle during the pendency of the case. iv. The petitioner shall not change or tamper with the identification of the vehicle in any manner during the pendency of the case. v. Any other condition, if any, to be imposed by the trial court. 10. In the result, this Criminal Miscellaneous Petition is allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated, the 15th June, 2026 Smita /AFR Uploaded on 24.06.2026