Mritunjay Singh @ Mritunjay Kumar Singh v. The State Of Bihar Through The Director General Of Police, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.250 of 2022 Arising Out of PS. Case No.-82 Year-2014 Thana- NAWANAGAR District- Buxar ====================================================== MRITUNJAY SINGH @ MRITUNJAY KUMAR SINGH S/o Yogendra Singh @ Yogendra Prasad Singh R/o- Arrah Karman Tola, P.S.- Nawada @ Aara Nawada, District- Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Director General Of Police, Bihar, Patna 2.

The Superintendent of Police, Bhojpur at Ara. 3.

The S.H.O., Nawa Nagar Police Station, Bhojpur at Ara. 4.

The Investigating Officer of Nawa Nagar P.S. Case No. - 82/2014. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Adv.

For the Respondent/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-04-2022 Heard learned counsel for the parties.

The petitioner has filed the instant application for the following reliefs:

(i) For issuance of writ in the nature of Mandamus directing and commanding the respondents to release Scorpio vehicle bearing Reg. no.BR-03P-0926, Engine no.GC74B44477, Chassis no.MAITB26CK72C69681 as well as Nokia Mobile set Model no.101 bearing SIM no.9931706424 and Karbon mobile

Patna High Court CR. WJC No.250 of 2022(2) dt.07-04-2022 2/3 set bearing SIM no.7870048205 in favour of the petitioner which have been seized in Nawanagar P.S. Case no.82/2014, CIS no.74/2014 instituted for an offence under sections 420, 414 of the Indian Penal Code as well as Sections 20(B)(II)(C), 22, 27(A) and 29 of the N.D.P.S. Act.

(ii) For issuance of any other writ/writs, order/orders, direction/directions for which petitioner may deemed entitled under the facts and circumstances of this case.

It is submitted by learned counsel for the petitioner that the petitioner was convicted in the learned trial court against which he has preferred an appeal being Cr. Appeal (SJ) no.1546 of 2021 in the Patna High Court wherein by order dated 2.9.2021, he has been enlarged on bail. It is further submitted that although he attempted to file a petition for release of the vehicle in question, however the same was not accepted as the case has been disposed of in the learned Lower Court. Having heard learned counsel for the parties and taking into consideration the facts of the case, liberty is granted

Patna High Court CR. WJC No.250 of 2022(2) dt.07-04-2022 3/3 to the petitioner to file a petition for release of the vehicle in question in the learned trial court. If such a petition is filed in the learned trial court, the same shall be disposed of within a period of two months of its filing.

In case the records of the case/trial is not available in the learned trial court, the learned trial court will obtain a photocopy of the same from the High Court and decide the application within the aforesaid time, from the date of receipt of the copy of the records.

The application stands disposed of.

(Partha Sarthy, J) Saurabh/- U T