Shilu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 10714 of 2020 Arising Out of PS. Case No.-576 Year-2019 Thana- GARDANIBAG District- Patna ====================================================== SHILU DEVI Wife of Ramji Prasad Resident of Mohalla - Dhirachak, P.S.- Gardanibag, District - Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-02-2021 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The present application has been filed for quashing the order dated 24.12.2019 passed by the learned Additional Sessions Judge-1, Patna in Spl. (P) Case No. 188/19 arising out of Gardanibagh P.S. Case No. 576/2019 whereby and whereunder the application for release of PIAGGIO tempo bearing registration No. BR 01 PK 1019, Chassis No. MBX0004AFXC819410 and Engine No. TBPCFBW 3014418 of the petitioner has been rejected on the ground that chargesheet has not been submitted and investigation is still going on. It is submitted on behalf of the petitioner that the vehicle is kept in open space and is subject to speedy decay and no useful purpose will be served by keeping the vehicle in question in custody.

Patna High Court CR. MISC. No. 10714 of 2020(2) dt.17-02-2021 2/2 In the aforesaid facts and circumstances, the impugned order dated 24.12.2019 is quashed.

The Court below is directed to release the aforesaid vehicle within two weeks from the date of production of a copy of this order, on proper verification of documents with regard to ownership, bonds and sureties and other terms as the Court may think proper in the facts and circumstances of the case. It is, accordingly, disposed of.

(Prabhat Kumar Singh, J) Saif/- U T