(2026:JHHC:5667) 1 Cr.M.P. No.521 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 521 of 2026 Jamni Devi @ Jamini Devi, aged about 46 years, wife of Gokul Mandal, resident of Village-Bagrudih, P.O. & P.S.-Karmatanr, Dist.-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. Kaushal Kishore Mishra, Advocate : Mr. Randhir Kumar, Advocate For the State : Mr. Pankaj Kumar, 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 B.N.S.S., 2023 with the prayer to quash the order dated 07.04.2025 passed in Misc. Criminal Application No. 636 of 2024 filed in connection with Cyber Crime P.S. Case No. 72 of 2024, corresponding to Cyber Case No. 20 of 2025 whereby prayer for release of the Hero Splendor Plus motorcycle of the petitioner bearing Registration No. JH21E-1093 has been dismissed by the learned Special Judge, Cyber Crime, Jamtara. 3. The brief fact of the case is that the said motorcycle was seized by the police in connection with the said case from the accused of the case namely Dipesh Mandal who is the son-in-law of the petitioner. As it appeared to learned Special Judge, Cyber Crime, Jamtara that the said motorcycle might have been purchased by the accused from (2026:JHHC:5667) 2 Cr.M.P. No.521 of 2026 the proceeds of cybercrime hence, he rejected the prayer for release of the vehicle. 4. It is submitted by the learned counsel for the petitioner that the allegations against the petitioner are all false and the petitioner is ready and willing to produce the said motorcycle as and when directed by the court concerned or the police. It is then submitted that the Hon’ble Supreme Court of India in the case of Sunderbhai Ambalal Desai vs. State of Gujarat reported in (2002) 10 SCC 283 has held that the seized vehicles are not to be kept in open sky for a long time at the police station. Hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed. 5. The learned Public Prosecutor on the other hand vehemently opposes the prayer as made in this criminal miscellaneous petition. 6. 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 undisputed fact remains that the petitioner is the owner of the motorcycle in question and merely because the same was found in possession of the son-in-law of the petitioner that will not be proper reason for not releasing the motorcycle in favour of the actual owner. Hence, in the considered opinion of this Court, the order dated 07.04.2025 passed in Misc. Criminal Application No. 636 of 2024 filed in connection with Cyber Crime P.S. Case No. 72 of 2024, corresponding to Cyber Case No. 20 of 2025 is not sustainable in law. Accordingly, the same is quashed and set aside. 7. The learned Special Judge, Cyber Crime, Jamtara is directed to release the Hero Splendor Plus motorcycle bearing Registration No. (2026:JHHC:5667) 3 Cr.M.P. No.521 of 2026 JH21E-1093 in favour of the petitioner on the petitioners’ 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 undertaking that she shall produce the said motorcycle as, and when required by the court. ii. The petitioner shall not sale, mortgage or transfer the ownership of the vehicle during the pendency of the case. 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. 8. In the result, this criminal miscellaneous petition is allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 26th February, 2026 AFR/Gunjan/- Uploaded on 27/02/2026