[Cites 10, Cited by 0]
Jharkhand High Court
Ashok Mandal vs The State Of Jharkhand .... .... Opp. ... on 9 April, 2026
2026:JHHC:10261
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 155 of 2023
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Ashok Mandal, aged about 35 years, S/o Somar Mandal,
R/o Village - Jitkundi, P.O. + P.S.-Dumri, District - Giridih.
.... .... Petitioner
Versus
The State of Jharkhand .... .... Opp. Party
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Coram: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioner : Mrs. J. Mazumdar, Advocate.
Mrs. Neharika Mazumdar, Advocate.
For the State : Mr. Shailendra Kumar Tiwari, Spl.P.P.
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ORDER
Order No. 23 / Dated- 09.04.2026
Heard learned counsel for the parties.
2. The present criminal revision is directed against the
order dated 14.12.2022 passed by learned Additional Sessions
Judge-II-cum-Special Judge, Cyber Crime, Giridih in M.C.A.
No. 1974/2022 arising out of Giridih (Cyber) P.S. Case No. 24
of 2022, registered for the offence under Sections 467, 468,
471, 419, 420, 413, 414, 120B, 34 of the I.P.C. and Section
66C, 66D of I.T. Act, whereby and whereunder, the prayer for
release of the seized Ciaz Car of the petitioner bearing
registration no. JH-10BZ-6956, has been rejected.
Factual Matrix
3. The factual matrix giving rise to this revision is that on
23.10.2022, the informant Police Officer has received
information that 3-4 cyber criminals have come to Giriidh bus
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stand and are committing cyber-crime by sitting in a four-
wheeler in the bus stand itself. On the instructions of the
Officer-in-Charge, informant and other police officers went to
the bus stand and a search was made and found that on the
western side near a garage, inside a four-wheeler Ciaz car, two
miscreants were sitting and operating their mobile while two
were standing near the car. On seeing the police, two
miscreants standing outside managed to flee away, while two of
them who were sitting inside the car were caught. The
apprehended persons told their names as Dularchand Kumar
Mandal and one Sanjeet Kumar while the name of the escaped
persons as Bablu Mandal and Rupesh Kumar Mandal. From
the possession of the apprehended persons, several mobile
phones, SIM cards, ATM cards and cash were recovered.
Several transactions details were found from recovered mobile
phones. Accordingly, a seizure list was prepared in presence of
witnesses and apprehended accused persons were arrested and
on inquiry, they disclosed that Bablu Mandal was their leader.
On the basis of aforesaid, case was registered and investigation
was taken up.
4. The vehicle was also seized in connection with the
aforesaid cyber case and since then, the vehicle is lying in the
premises of police station in open area.
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5. A release petition was filed before the learned trial court
for release of alleged seized Ciaz car and after hearing, learned
trial court has called for a report from the concerned
Investigating Officer of Girdih Cyber Police Station. Thereafter,
the Investigating Officer has submitted his report before the
learned trial court with an objection that the vehicle is an
important exhibit and if the vehicle will be released then, it will
affect the arrest of main accused person, Bablu Mandal.
6. The learned trial court in terms of the order dated
14.12.2022 has dismissed the prayer for release of the seized
Ciaz Car of the petitioner, which has been assailed in this
revision.
7. Learned counsel for the petitioner has submitted that
petitioner is the registered owner of the Ciaz Car bearing
registration no. JH-10BZ-6956, which has been seized in
connection with Giridih (Cyber) P.S. Case No. 24 of 2022. It is
alleged that the two persons were apprehended with the
aforesaid Car while commission of cyber-crime. The main
ground of rejection of the application for release of the vehicle
by the learned Additional Sessions Judge-II-cum-Special
Judge, Cyber Crime, Giridih is that the vehicle was involved in
commission of cyber crime as well as the main accused, who
happens to be the brother of the petitioner is still absconding
as per police report. It is further submitted that the brother of
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the petitioner namely, Bablu Mandal had already surrendered
on 15.07.2025. Certified copy of surrender order has been
produced before this Court, although not annexed with the
petition. Let it be kept on record. The vehicle of the petitioner is
being damaged, as it is lying in the open space within the
police station premises. Petitioner undertakes to keep the
vehicle in fit condition and not sell the same or otherwise alter
its identity or dispose of the same and produce the same
during the trial as and when required by the concerned trial
court.
8. On the other hand, learned Spl.P.P. appearing for the
State has seriously objected for release of the vehicle as the
same was involved in commission of cyber-crime, therefore, it
is required to be produced at the time of trial. Hence, it should
not be released.
9. Considering the facts and circumstances of the case and
also in view of the fact that petitioner is registered owner of the
vehicle, although it was seized in connection with cyber crime
case and was taken by the petitioner's younger brother. Since,
it is a private vehicle of the petitioner, who happens to be
registered owner and also in view of the fact that the main
accused Bablu Mandal has surrendered before the concerned
trial court. In above mentioned circumstances, the vehicle
having registration no. JH-10BZ-6956 is directed to be
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released in favour of the petitioner, who happens to be
registered owner of the vehicle on furnishing bond of Rs.
5,00,000/- (Five Lakh) with one surety and also with
undertaking by the petitioner that he shall not alter or change
the colour of the vehicle or the identity of the vehicle or sell or
dispose of the same till the pendency of the case and produce
before the learned trial court as and when required.
10. Accordingly, the present criminal revision is disposed of.
11. Let a copy of this judgment be sent to the court
concerned immediately for information and needful.
(Pradeep Kumar Srivastava, J.)
Jharkhand High Court, Ranchi
Dated 09/04/2026
Sunil/-NAFR
Uploaded On 15/04/2026
