Rajiv Ranjan Patel @ Sipu Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11108 of 2020 Arising Out of PS. Case No.-412 Year-2018 Thana- SASARAM NAGAR District- Rohtas ====================================================== Rajiv Ranjan Patel @ Sipu Patel, Son of Vijay Kumar Ray, Resident of Village - Bhaluni, P.S.- Kargahar, District - Rohtas (Sasaram) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar Sinha, Sr. Advocate Mr.Abhinay Raj, Advocate For the Opposite Party/s :

Ms.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-02-2020 Heard Mr. Devendra Kumar Sinha, learned Senior Counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State.

The petitioner seeks a direction for release of the vehicle, Mahindra Bolero, bearing Registration No.JH10S 9835, Engine No.

GA94C45527 and Chassis No.MA1PS2GAK92D83373, in his favour and also for quashing/setting aside the order dated 05.12.2019 passed in S.Tr. No.308/18, arising out of Sasaram (Town) P.S. Case No.412 of 2018, instituted for the offence punishable under Sections 395, 397, 412 of the Indian Penal Code, by the Fast Track Court No.1, Rohtas, Sasaram, dismissing the application for release of vehicle in question.

Patna High Court CR. MISC. No.11108 of 2020(2) dt.20-02-2020 2/3 Learned counsel for the petitioner submits that the vehicle in question was seized from the house of the petitioner though none of the items alleged to have been looted were recovered from the house of the petitioner or from the vehicle in question. It is further submitted that during the course of investigation of Sasaram (Town) P.S. Case No.412 of 2018 (S.Tr. No.308/18), the police arrested one Sivendra Dube and on the basis of his confessional statement, it transpired that he had taken the name of the present petitioner.

It is only on the basis of said statement of Sivendra Dube, that the police authorities arrested several persons, including the petitioner and seized whatever was in their name, including the vehicles, alleging the same to have been bought out of the looted money. It is further submitted by the learned counsel for the petitioner that it is merely on the presumption on the part of the prosecution that the petitioner has bought the vehicle in question out of the looted property and save and except such presumption, there is no other material on record to indicate that the vehicle in question was purchased out of the sale proceeds of the property so looted.

Learned counsel for the petitioner further submits that the petitioner is willing and ready to produce all papers

Patna High Court CR. MISC. No.11108 of 2020(2) dt.20-02-2020 3/3 regarding the vehicle and the money receipt by which he had purchased the vehicle in question and also offer securities which are in tune with the value of the vehicle. He further submits that as and when required, the petitioner shall produce the vehicle. Considering the aforementioned facts and circumstances and that save and except the presumption, there is no other material on record to indicate that the vehicle in question was in any way involved in the loot as has been alleged, it is directed that the vehicle, Mahindra Bolero, bearing Registration No.JH10S 9835, Engine No. GA94C45527 and Chassis No.MA1PS2GAK92D83373, be released in favour of the petitioner, subject to the conditions as stated hereinabove, within a period of three weeks from the date of receipt/production of a copy of this order.

In the result, the application stands allowed and the order dated 05.12.2019 is set aside.

(Anjana Mishra, J) PNM U T