Rakesh Kumar vs The State Of Jharkhand
2025 Latest Caselaw 1345 Jhar

Jharkhand High Court

Rakesh Kumar vs The State Of Jharkhand on 2 January, 2025

Author: Ambuj Nath

Bench: Ambuj Nath

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      Cr. Appeal (S.J.) No. 655 of 2024

       Rakesh Kumar, aged about 52 years, S/o. Tej Narayan Singh, R/o. Ram
       Nagar Colony, Chas, P.O. & P.S.- Chas, Dist.- Bokaro, Jharkhand.
                                                             ... Appellant
                                      - Versus -
       The State of Jharkhand                            ... ... Respondent
                                         With
                         Cr. Appeal (S.J.) No. 688 of 2024

       Krishna Kumar, aged about 26 years, S/o. Sri Hira Lal Singh, R/o. H.
       No. 78, Gali No. 16, Ram Nagar Colony, Block-A, Chas, P.O. & P.S.-
       Chas, Dist.- Bokaro, Jharkhand.                          ... Appellant
                                        - Versus -
       The State of Jharkhand                             ... ... Respondent
                                           ------

CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

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For the Appellants : Mr. Naveen Kr. Jaiswal, Advocate For the State : Mr. Shiv Shankar Kumar, A.P.P. : Mr. Shailesh Kr. Sinha, A.P.P.

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05/02.01.2025 Heard the parties.

2. Both these applications arise out of the same impugned order/ judgment. Accordingly, both these applications are being disposed of by a common order.

3. The appellant Rakesh Kumar in Cr. Appeal (SJ) No. 655/2024 has prayed for release of his Bullet Motorcycle bearing registration no. JH09AU-8906, which was used by his son, namely, Vikash Kr. @ Bikash Yadav @ Vikash Kumar in commission of offences registered under Sections 341/34, 323/34, 504/34, 307/34 & 302/34 of the I.P.C., in connection with S.T. Case No. 130/2023 / S.T. Case 303/2023 arising out of Chas P.S. Case No. 01/2023, pending in the Court of learned A.S.J.-IV-cum Special Judge(Crime against woman), Bokaro, while the petitioner Krishna Kumar in Cr. Appeal (SJ) No. 688/2024 has filed this application for release of his Bullet motorcycle bearing registration no. JH09AN-9610, which was used by his brother Raju Kumar Yadav @ Raju Yadav in the aforesaid offences.

3. It appears that both the persons namely Vikash Kr. @ Bikash Yadav @ Vikash Kumar and Raju Kumar Yadav @ Raju Yadav were convicted in the aforesaid case. It further appears that though the investigating officer seized the aforesaid motorcycles on the ground that they were used in commission of offence in connection with the aforesaid case but these motorcycles were not exhibited during the trial. Supplementary affidavit has been filed by stating the aforesaid facts.

4. Learned A.P.P. does not dispute the fact that the seized motorcycles were not exhibited in the Sessions trial.

5. In view of the submissions made above, learned Court below is directed to release the aforesaid motorcycles in the name of the appellants on the indemnity bond of Rs. 1,00,000/- (Rupees One Lakh Only) each with further undertaking that they will not dispose of the vehicle till final disposal of Cr. Appeal (DB) No. 370/2024 and Cr. Appeal (DB) No. 367/2024.

5. Both these applications are allowed with the aforesaid observation and direction.

(Ambuj Nath, J.) Rahul/-