Mithilesh Yadav @ Mithlesh Yadav v. The State Of Bihar Through District Magistrate, Bhagalpur.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.205 of 2020 Arising Out of PS. Case No.- Year-0 Thana- District- ====================================================== MITHILESH YADAV @ MITHLESH YADAV Son of Shankar Yadav Resident of Village - Ward no. 14, Jangli Mandal Tola, Mathair, P.S.- Khagaria Muffasil, District - Khagaria.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR THROUGH DISTRICT MAGISTRATE, BHAGALPUR. Bihar 2.

The Superintendent of Police, Bhagalpur. Bihar 3.

Union of India, through Secretary, Department of Internal Security, Narcotics Control Bureau, Patna Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Pandey, Advocate For the Respondent/s :

Mr. Manish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-02-2022 Heard the parties through video conferencing. The instant writ application has been filed by the petitioner for release of his motorcycle bearing registration no. BR34M7599, chassis no. ME3U3S5C1KC-448691, Engine no. U3S5C1KCO31290 which has been seized in connection with NCB no. 10 of 2019, NDPS Case no. 7 of 2019 registered on 29.4.2019 under sections 20 and 29 of the NDPS Act and is pending in the Court of learned Sessions Judge, Bhagalpur. Without going into the merits of the case of the parties, on perusal of the writ petition, it transpires that the petitioner has approached this Court for release of his

Patna High Court CR. WJC No.205 of 2020(6) dt.07-02-2022 2/2 motorcycle without moving the learned Court below. The case is pending in the Court of learned Sessions Judge, Bhagalpur. This application is disposed off with liberty to the petitioner to move the Court of the learned Sessions Judge, Bhagalpur, where the N.D.P.S Case no. 7 of 2019 is pending, for release of his motorcycle.

In case such a petition is filed by the petitioner within six weeks, the same shall be disposed off at the earliest preferably within a period of three months from the date of its filing.

The instant application stands disposed off with the above observations and directions.

(Partha Sarthy, J) Prakash/- U