(2026:JHHC:20155) 1 Cr. M.P. No.1968 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1968 of 2026 ------ Amzad Ansari @ Amzed Ansari @ Amjad Ansari, aged about 45 years, Son of Faizul Ansari, Resident of Vill- Dhanbuni, P.O. & P.S.- Nalhati, Dist.- Birbhum (West Bengal) … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Md. Yasir Arafat, Advocate For the State : Mr. Prabir Kr. Chatterjee, Spl. P.P. ------ 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 the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the order dated 09.06.2026 passed by the learned Judicial Magistrate-1st Class, Pakur in connection with Pakuria P.S. Case No.48 of 2021 corresponding to G.R. Case No.288 of 2022 whereby and whereunder the learned court below has illegally rejected the petition of the petitioner seeking release of the amount of Rs.1,00,000/- deposited by the petitioner with Deputy Commissioner, Pakur without prejudice to his defence subject to final decision of the case even though the petitioner has been acquitted in the said case. 3. The brief fact of the case is that the petitioner is the accused of Pakuria P.S. Case No.48 of 2021 corresponding to G.R. Case No.288 of 2022 of the court of Judicial Magistrate-1st Class, Pakur. He was granted the privileges of anticipatory bail vide order dated 24.01.2022 passed in A.B.A. (2026:JHHC:20155) 2 Cr. M.P. No.1968 of 2026 No.210 of 2022 inter alia with the condition that on showing proof of deposit of Rs.1,00,000/- with the Deputy Commissioner, Pakur without prejudice to his defence subject to final decision of the case, he was to be released on bail. 4. Learned counsel for the petitioner submits that vide judgment dated 25.03.2026, the petitioner has been acquitted by the learned Judicial Magistrate-1st Class, Pakur. Consequent upon the same, the petitioner filed a petition for release of the deposited amount of Rs.1,00,000/- but the same was rejected on the ground that no specific order has been given by this Court for release of the amount on acquittal. It is further submitted that the impugned order is not sustainable in law as the petitioner has been acquitted from the case. It is next submitted that there is no justification for retaining the amount of Rs.1,00,000/- deposited by the petitioner with the with Deputy Commissioner, Pakur. Hence, it is submitted that the prayer, as prayed for in this Cr.M.P., be allowed. 5. Learned Spl. P. P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in the instant Cr.M.P. and submits that this Cr.M.P., being without any merit, be dismissed. 6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that the undisputed fact remains that the petitioner has been acquitted in the said Pakuria P.S. Case No.48 of 2021 corresponding to G.R. Case No.288 of 2022 and there is no material in the record to show that any appeal has been filed by anyone against the acquittal of the (2026:JHHC:20155) 3 Cr. M.P. No.1968 of 2026 petitioner. Under such circumstances, it was expected that the learned Judicial Magistrate-1st Class, Pakur ought to have passed order for release of the said Rs.1,00,000/- in favour of the petitioner but having not done so and rather rejecting the prayer of the petitioner for release of the said amount by the impugned order dated 09.06.2026 passed in connection with Pakuria P.S. Case No.48 of 2021 corresponding to G.R. Case No.288 of 2022, the learned Judicial Magistrate-1st Class, Pakur has committed an illegality which is not sustainable in law. Therefore, the same is liable to be quashed and set aside. 7. Accordingly, the impugned order dated 09.06.2026 passed by the learned Judicial Magistrate-1st Class, Pakur in connection with Pakuria P.S. Case No.48 of 2021 corresponding to G.R. Case No.288 of 2022 is quashed and set aside. 8. The learned Judicial Magistrate-1st Class, Pakur is directed to pass appropriate orders for release of Rs.1,00,000/- deposited by the petitioner with the with Deputy Commissioner, Pakur in favour of the petitioner forthwith. 9. In the result, this Cr.M.P. stands allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 08th of July, 2026 AFR/ Animesh Uploaded on- 10/07/2026