Ratan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 6566 of 2015 Arising out of P.S. Case No. -444 Year- 2014 Thana - BARAUNI District- BEGUSARAI ======================================================== Ratan Singh Son of Late Ramjee Singh Proprietor of M/s Ratan Singh & Company at - village - Tilrath, P.O. - Tilrath, P.S. - Barauni, Dist.-Begusarai.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Adv.

For the Opposite Party/s : Mr. J.N. Thakur, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 26-02-2015 The Petitioner seeks quashing of the order dated 19.01.2015 by which the Sub-divisional Judicial Magistrate, Begusarai has refused to release his Tank Lorry bearing Regn. No. BR 9E-5925 and the 20 KL of high speed diesel contained therein in Barauni Refinery P.S. Case No. 444 of 2014.

It has been submitted that the Court below has refused to release the Tank Lorry on the ground that confiscation proceedings have been initiated in its regard. Fact of the matter is that the Annexure-5 demonstrates that confiscation proceedings have been initiated only with regard to 105 Litres Diesel and 70 Litres Kerosene Oil of which the Petitioner does not claim owner-ship. In such circumstances, evidently, the order is bad. Accepting the submission, the application is

Patna High Court Cr.Misc. No.6566 of 2015 dt.26-02-2015 allowed and the order dated 19.01.2015 by which the Sub-divisional Judicial Magistrate, Begusarai has refused to release his Tank Lorry bearing Regn. No. BR 9E-5925 in Barauni Refinery P.S. Case No. 444 of 2014 is, hereby, set aside.

The Court below is directed to release the aforesaid Tank Lorry in favour of the Petitioner after due verification of the documents on sufficient sureties/bonds as found fit within a period of four weeks from the date of receipt of this order.

The Application is allowed with the aforesaid observations.

Vikash/- (Anjana Prakash, J.) U T