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Patna High CourtCR. MISC./8562/2016disposed

Barmeshwar Gwala v. The State Of Bihar

2023-03-28Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8562 of 2016 Arising Out of PS. Case No.-168 Year-2015 Thana- SAHPUR District- Bhojpur ====================================================== BARMESHWAR GWALA son of Sheo Kumar Yadav resident of village - Ojha Ke Semariya, P.S. Shahpur, Distt. Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Yadav, Advocate For the Opposite Party/s :

Mr.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-03-2023 Heard the parties.

The present petition has been preferred for quashing of the order dated 15.09.2015 passed by learned Sessions Judge, Bhojpur, Ara in Criminal Revision No.143 of 2015 arising out of Shahpur P.S. Case No.168 of 2015 by which the learned Sessions Judge has rejected the prayer of the petitioner. The learned learned Sessions Judge, Bhojpur, Ara while rejecting the prayer for release of the vehicle had observed that he failed to produce the registration certificate and owner book of the seized vehicle and as such the same cannot be released in his favour.

Considering the observation that has come in the order of learned Sessions Judge, which is just and proper, no interference is required.

From the observation, it is clear that the vehicle was

Patna High Court CR. MISC. No.8562 of 2016(2) dt.28-03-2023 2/2 not released only for want of document and as such it was for the petitioner to satisfy the said court along with document to show that the vehicle belongs to him, so that an appropriate order could have been passed.

The petition stands disposed of.

(Rajiv Roy, J) Prakash Narayan /- U T