M/S Gajraj Services Through Its Proprietor Smita Singh v. The State Of Bihar Through Principal Secretary Home Department Government Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.336 of 2025 Arising Out of PS. Case No.- Year-0 Thana- District- Patna ====================================================== M/s Gajraj Services Through Its Proprietor Smita Singh Registered office at Post Office Road Punaichak Patna- 800023 ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal secretary Home Department Government of Bihar, Patna 2.

The Principal secretary Home Department Government of Bihar, Patna. 3.

The Director General of Police, Bihar Patna 4.

The Senior Superintendent of Police, Patna, District Patna. Bihar 5.

The Superintendent of Police, Patna, District Patna Bihar 6.

The Deputy Superintendent of Police Patna, District Patna. Bihar 7.

The S.H.O. of Daniyawan Police station, District- Patna. Bihar 8.

Anuj Kumar Son of Buddhdeo Prasad Resident of village- Heganpura, P.s.- Noorsarai, District - Nalanda.

9.

Subodh Singh Son of unknown Resident of unknown, Hero Motorcycle showroom, Shahjahanpur, P.s.- Shahjahanpur, District - Patna. 10.

Pankaj Kumar Son of unknown (Manager Anand Fuel station), Resident of Anand Fuel station, Daniyawan, P.S.- Daniyawan, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ansul, Sr. Advocate Mr. Anuj Kumar, Advocate For the State :

Mr. S.D. Yadav, AAG 9 Mr. Braj Bhushan Mishra, AC to AAG 9 For Resp. NO. 8 & 10 :

Mr. R. K. Shukla, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-07-2025 Heard learned counsel for the parties.

2. The present application has been filed for the following reliefs:- "A. For issuing an appropriate writ in the nature of mandamus or any other direction and/or order to direct the

Patna High Court CR. WJC No.336 of 2025(4) dt.28-07-2025 2/3 respondent authorities, especially Respondent No. 6, to release the truck of the petitioner bearing no. BR01GN7171, along with the consignment load on it, whereby and whereunder the same has been seized and kept in abeyance by Respondent No. 6 without following due process of law or without assigning any reasons for the same.

B. For issuing any other appropriate direction and/or order to direct the respondent authorities to take necessary /punitive action against Respondent No. 6 for seizing the vehicle of the petitioner illegally and without any valid reason.

C. For issuing any other appropriate direction and/or order to direct the respondent authorities to compensate the petitioner for the loss caused to the petitioner for delay in transportation of goods for which she had undertaken a delivery consignment.

D. For passing such further or other order(s) as this Hon'ble Court may deem fit and proper in the circumstances of the case."

3. The vehicle in question is now lying in the Daniyawan Police Station. It is an admitted fact that there is no F.I.R. pending in the Daniyawan Police Station, Patna.

4. Learned counsel for the respondent nos. 8 and 10

Patna High Court CR. WJC No.336 of 2025(4) dt.28-07-2025 3/3 submits that the petitioner has owes more than Rs. 18 Lakhs to the respondent nos. 8 and 10 and therefore the truck has rightly been seized by the Daniyawan Police on the complaint of respondent nos. 8 and 10.

5. As stated above, there is no F.I.R. pending in the Daniyawan Police Station. Therefore, Daniyawan Police is directed to release the truck bearing No. BR01GN7171 forthwith in favour of the petitioner on his personal bond. The respondent nos. 8 and 11 may given liberty to initiate Civil /Criminal proceeding against the petitioner in accordance with law.

6. The allegation as against the respondent nos. 8 and 10 is that they had taken away 600 bags of cement from the truck in question.

7. In these circumstances, the petitioner is also given liberty to initiate Civil /Criminal proceeding against the respondent nos. 8 and 11 in accordance with law.

8. In view thereof, this application is disposed of. (Sandeep Kumar, J) Ranjeet/- U T