Lal Babu Mukhiya v. The State Of Bihar Through The District Magistrate, West Champaran, Bettiah

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.411 of 2025 Arising Out of PS. Case No.-308 Year-2024 Thana- NAUTAN District- West Champaran ====================================================== Lal Babu Mukhiya S/O- Nar Singh Mukhiya Village- Pipra Pakari W.No-2, Ps- Bettiah Muffasil Dist- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, West Champaran, Bettiah Bihar 2.

The Superintendent of Police, West Champaran Bihar 3.

The SHO Nautan Police Station, West Champaran Bihar 4.

The Investigating Officer, Nautan, West Champaran Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate Mr.Prakash Chandra Jha, Advocate For the Respondent/s :

Md. Harun Quareshi, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-06-2025 Heard the parties.

2. The defects are ignored.

3. The present application has been filed for release of Tractor bearing Reg No. No.BR22GC3952, Engine No.RRB7EUN0044, Chasis No. MBNTFAED4RRB00040, seized in connection with Nautan Police Station Case No.308 of 2024.

4. Paragraph no. 6 of the counter affidavit of the State reads as follows:

"That the tractor in question has been rightly seized by the police. That it is stated that the tractor was not seized upon

Patna High Court CR. WJC No.411 of 2025(2) dt.26-06-2025 2/2 recovery of any incriminating article; rather, it was seized for obstructing the disposal of government business."

5. In view of the above, this application is allowed.

6. It appears that the tractor is not the subject matter of the crime. Therefore, the tractor is directed to be released forthwith without any bond.

(Sandeep Kumar, J) P. Kumar U T