Jharkhand High Court
Budan Munda vs The State Of Jharkhand on 11 September, 2025
Author: Ananda Sen
Bench: Ananda Sen, Sanjay Kumar Dwivedi
[2025:JHHC:27707-DB]
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. (DB) No. 2855 of 2018
Budan Munda, age 27 years, son of Late Vishwanath
Munda, resident of Raja Ullahatu, P.O.-Raja
Ullahatu, P.S.-Namkum, District-Ranchi (Jharkhand)
..... ... Petitioner
Versus
1. The State of Jharkhand.
2. The Regional Manager, Region-1, R.B.O., Ranchi
(State Bank of India), P.O. Kutchery, Ranchi, P.S.
Kotwali, Town & District Ranchi (Jharkhand).
3. Branch Manager, State Bank of India, Namkum
Branch, P.O. Namkum, P.S. Namkum, District
Ranchi (Jharkhand).
4. Sita Devi, wife of Late Bandhu Ahir, resident of
Village Hesabera, P.O. Jareya Jamchua, P.S.
Namkum, District Ranchi (Jharkhand)
..... ... Opposite Parties
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CORAM : SRI ANANDA SEN, J.
: SRI SANJAY KUMAR DWIVEDI, J.
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For the Petitioner : Mr. Faruque Ansari, Advocate.
: Ms. Ganga Kumari Kachhap, Advocate.
For the State : Mr. B.N. Ojha, A.P.P.
For the O.P. No. 2 & 3 : Mr. Rajesh Kumar, Advocate.
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11/ 11.09.2025 Heard the learned counsel for the petitioner, learned A.P.P.
for the State and learned counsel for the O.P. Nos. 2 and 3.
2. This application has been filed for a direction upon the O.P.
Nos. 2 and 3 (Bank) to release the amount of Rs. 50,000/- which has
been deposited with the Bank, pursuant to the order passed by the co-
ordinate bench while allowing the prayer for suspension of the sentence
of this petitioner.
3. This petitioner was convicted for the offence punishable
under Section 302 of the Indian Penal Code by the learned Additional
[2025:JHHC:27707-DB]
Judicial Commissioner-XIII, Ranchi, in connection with S.T. No. 486
of 2011 / S.T. No. 517 of 2011 / T.R. No. 11 of 2015.
4. This petitioner had preferred an appeal before this court,
which was registered as Criminal Appeal (DB) No. 1121 of 2016. An
application under Section 389(1) of the Cr.P.C., being I.A. No. 6864 of
2016 was filed, wherein the sentence of the petitioner was suspended
and the petitioner was directed to be released on bail subject to the
condition that the petitioner shall deposit Rs. 50,000/- in terms of the
fixed deposit in a nationalized bank for a period of ten years subject to
its renewal in the name of the wife of the deceased.
5. Now the petitioner has been acquitted in Criminal Appeal
(DB) No. 1121 of 2016 by the judgment dated 22.05.2018. Since the
petitioner (appellant) has been acquitted and he has preferred the
present application and he wants refund of the said deposited amount.
6. In this application, notice was issued to the victim i.e. the
wife of the deceased. She did not choose to appear. This court also
directed the Jharkhand State Legal Services Authority to contact the
victim Sita Devi and to inform her to appear in the case.
7. A report has been received from the Jharkhand State Legal
Services Authority, from which, it is evident that the victim has refused
to appear and also refused to avail any free legal aid. She was neither
ready to listen to the PLV nor was ready to sign on any paper. The
victim refused to accept the copy of the order of the High Court and she
further refused to refund the received money. Today also no one has
appeared on behalf of the O.P. No. 4-victim.
8. Considering the fact that the petitioner has been acquitted,
[2025:JHHC:27707-DB]
his claim for refund of the amount cannot be denied.
9. In view of the above, we direct the State Bank of India,
Namkum Branch, Ranchi to refund the amount of Rs. 50,000/- which
was deposited in the name of the victim-Sita Devi on 24.01.2018,
bearing account number 37487868151 having maturity date
24.01.2028, to the petitioner after proper verification.
10. Accordingly, this application stands allowed.
(Ananda Sen, J.)
(Sanjay Kumar Dwivedi, J.)
Amitesh/-
