Vehicles seized in criminal investigations may be released if the owners are not implicated in the crime, provided they execute a bond ensuring proper care and appearance when required.

JUDGMENT :

BIBEK CHAUDHURI, J.

1. The above-mentioned writ petitions involve the same fact and question of law; therefore, the aforesaid writ petitions are taken up together for hearing and being disposed of by a common judgment.

Cr. W.J.C. No. 433 of 2024

2. The petitioner has filed the instant writ petition praying for the issuance of a writ in the nature of certiorari quashing the order dated 24^th June 2023 passed by the learned Additional Sessions Judge, Sherghati, Gaya, in Sessions Trial No. 500/23/1245/2023 arising out of Sherghati Barachatti P.S. Case No. 854/22 with a further direction commanding the respondent authorities to release a Bolero vehicle bearing registration no. BR02Y6584 owned by the petitioner, which was seized by the Investigating Officer of this case in connection with the above- mentioned P.S. Case under Section 395 of the IPC. One Jugesh Kumar Mahto, driver of a bearing registration no. JH02AM 2760, submitted a written complaint before the SHO Barachatti P.S. on 22^nd August 2022, stating, inter alia, that he was driving the car towards Uttar Pradesh after loading coal at Topa in the State of Jharkhand on 21^st September 2022 at about 11:00 PM; the driver of the truck reached Chinnari Bridge at Barachatti. At that time one white colour overtook and came in front of the truck of the driver and forced the driver to stop the truck. Then some miscreants traveling in the said Bolero took away the key of the truck. It is also alleged that the accused persons fled away with the truck towards Barachatti. It is submitted by the petitioner that the Bolero car bearing registration no. BR02Y6584 was seized in connection with Barachatti P.S. No. 854/22 dated 22.09.2022 under Section 395 of the IPC. The petitioner submitted an application before the trial court for release of his vehicle, but the learned Additional Sessions Judge, Sherghati, Gaya, refused to release the said car. Hence, the instant writ petition.

Cr. W.J.C. No. 564 of 2024

3. The instant writ petition has been filed by one Ramesh Kumar @ Ramesh Kumar Singh with a prayer to set aside an order dated 22^nd September 2023 passed by the learned Additional Sessions Judge-I, Jamui, in Sessions Trial No. 326 of 2023, arising out of Laxmipur P.S. Case No. 185 of 2022, whereby and whereunder the learned Additional Sessions Judge-I, Jamui, refused the prayer of the petitioner to release a Splendor Plus motorcycle No. having registration no. BR-46L7036 with further direction to the concerned authorities to release the said vehicle during the pendency of the above-mentioned case.

4. Laxmipur P.S. Case No. 185 of 2022 was registered under Sections 419 /420/467/120(B) of the IPC and Sections 66 (C)/66(D), 66(F) of the Information Technology Act, and Sections 13 , 16, and 17 of the U.A.P. Act.

5. The prosecution’s case as set forth in the FIR dated 17^th June 2022 is that the informant received confidential intelligence regarding the involvement of certain individuals in cybercrime in K.B.C. lottery scams and other fraudulent scams wherein they allegedly amassed a substantial sum by cheating the general public. Acting on the source of information, the police proceeded to Bankat Main Road and intercepted three persons riding on a Hero Honda Splendor Plus motorcycle bearing registration