Md. Irfan Alam @ Irfan Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16619 of 2018 Arising Out of PS. Case No.-66 Year-2017 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Md. Irfan Alam @ Irfan Alam S/o Md. Safiullah, R/o Village- Damodarpur, P.S.- Kanti, District- Muzaffarpur, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 14-02-2023 Heard the parties.

This application has been filed for quashing the order dated 16.01.2018 passed by the learned Additional Sessions Judge, XIV, Muzaffarpur, in S.T. NO. 747 of 2017 arising out of Ahiyapur P.S. Case No. 66 of 2017.

Learned counsel for the petitioner is unable to satisfy as to the ownership of the Scorpio Vehicle which was recovered from the garage where the petitioner and other persons were found dealing in stolen vehicles.

It has been claimed that the Safari Vehicle belongs to the petitioner and the same has been released in favour of the petitioner. It may be true that the petitioner is the owner of the Safari Vehicle but if there is no claimant of Scorpio Vehicle then the petitioner cannot be discharged.

Patna High Court CR. MISC. No.16619 of 2018(3) dt.14-02-2023 2/2 Considering the law laid down by the Hon'ble Apex Court in the case of State of Bihar Vs. Ramesh Singh 1977 SCC (4) 39, this application is dismissed.

(Sandeep Kumar, J) Vikas/- U