Patna High CourtCR. REV./304/2019allowed

Manoj Kumar v. The State Of Bihar

2022-11-03Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.304 of 2019 Arising Out of PS. Case No.-64 Year-2017 Thana- MEHANDIA District- Jehanabad ====================================================== Manoj Kumar Son of Mithlesh Sharma Resident of Village-Bekthar, P.S.- Mehandiya ... ... Petitioner

Versus

The State of Bihar ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-11-2022 No one appears for the petitioner.

Mr. Parmeshwar Mehta, learned APP for the State is present.

A counter affidavit has been filed on behalf of the State. A perusal thereof would show that vide order dated 20.11.2017, the kerosene oil was confiscated. So far as the tractor in question is concerned no confiscation proceeding has been initiated against the tractor. A statement to this effect has been made in paragraph '9' of the counter affidavit. In the aforesaid view of the matter, this Court sets aside the impugned order dated 18.08.2018 passed by learned C.J.M., Arwal in Mehandia P.S. Case No. 64 of 2017. The District Magistrate, Arwal is directed to ensure release of the tractor bearing registration no. BR56G-0196 in favour of the petitioner subject to his furnishing the document of ownership

Patna High Court CR. REV. No.304 of 2019(6) dt.03-11-2022 2/2 of the tractor.

Let the entire exercise be done within a period of two weeks from the date of communication of this order. It will be the responsibility of the S.H.O. of Mehandia Police Station to deliver the tractor in question to the petitioner immediately on producing the documents of ownership by the petitioner. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) lekhi/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.