Dipu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.43 of 2021 Arising Out of PS. Case No.- Year-0 Thana- District- Patna ====================================================== DIPU KUMAR S/o Arjun Ray R/o village- Chakmusa, P.S.- Janipur, DistrictPatna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary Department of Home, Bihar, Patna Bihar 3.

The Director General of Police, Bihar Patna Bihar 4.

The Inspector General of Police, Bihar, Patna Bihar 5.

The Sr. Superintendent of Police, Patna Bihar 6.

The Deputy Superintendent of Police, Danapur Bihar 7.

The Officer-In-Charge, Police Station Kadamkuan, Patna Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Sinha, Adv.

For the Respondent/s :

Ms. Divya Verma, A.C. to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-03-2021 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has filed the instant application praying for release of the two wheeler vehicle, which according to the petitioner had been illegally seized by the Kadamkuan police on 9.5.2020 without giving any seizure list. As per the case of the petitioner there was clear violation of Section 100 of the Cr.P.C.. It is further submitted by learned counsel for the petitioner that in case, the FIR details have been provided and a copy of the seizure list had been served on the petitioner, he may have

Patna High Court CR. WJC No.43 of 2021(4) dt.04-03-2021 2/2 moved before the Court of competent jurisdiction. The counter affidavit has been filed on behalf of the State.

It is submitted by learned counsel appearing on behalf of the State that the vehicle in question was seized in connection with Kadamkuan P.S. Case no. 101 of 2019 and a copy of the said seizure list has been brought on record as Annexure- 'C' to the counter affidavit filed on behalf of the respondent nos. 5 to 7.

Having heard learned counsel for the parties and in view of the materials on record, the Court is of the opinion that the petitioner having information and knowledge about the details of the case in which the vehicle in question has been seized and a copy of the seizure list having been provided as enclosure to the counter affidavit, he will be at liberty to move before the Court of competent jurisdiction for release of his vehicle in accordance with law.

The application stands disposed of.

(Partha Sarthy, J) sushma/- U