Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20202 of 2022 Arising Out of PS. Case No.-1 Year-2021 Thana- MEHANDIA District- Jehanabad ====================================================== RANJIT KUMAR, Son of Rajesh Singh, Resident of Village - Teliyanpur, P.S.- Punpun, District - Patna ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Indeshwari Prasad Mandal, Advocate For the Opposite Party :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-04-2023 This application has been filed for quashing the part of order dated 18.12.2021 passed by learned Additional Sessions Judge, II, Jehanabad, in Mahendia P.S. Case No. 01 of 2021 (Excise Case No. 06 of 2021), by which the learned Magistrate has directed to release the Bolero pick up van bearing registration No. BR-01/GJ4420, Engine No. TBK1M21879, Chasis No. MA1ZN2TBKL1A11550 in favour of petitioner on furnishing indemnity bond of Rs.7,50,000/- with two sureties of the like amount each. Further prayer has been made by the petitioner to quash the part of order dated 24.01.2022 passed by learned Special Judge, Excise Court No. II, Jehanabad, in Mehandia P.S. Case No. 01 of 2021 (Excise Case No. 06 of 2021), by which it has been directed that the petitioner shall furnish indemnity bond of cash of Rs.7,50,000/- with two sureties of the like amount each for releasing the aforesaid Bolero pick up van in his favour.

The petitioner is the owner of the vehicle in

Patna High Court CR. MISC. No.20202 of 2022(2) dt.26-04-2023 2/2 question. It is alleged that huge quantity of Mahua Flower has been recovered from the vehicle of the petitioner. I have considered the submissions of the parties. I have also perused the materials available on record. It is directed that Bolero pick up van bearing registration No. BR-01/GJ4420, Engine No. TBK1M21879, Chasis No. MA1ZN2TBKL1A11550 shall be released in favour of the petitioner on furnishing sale deed of 12.25 decimal of land situated in Mauza-Musadhi, Anchal-Karalparsurai, DistrictNalanda, which is in the name of Rajesh Singh, who is the father of the petitioner. The Court below shall not insist for any other securities.

Accordingly, this application is allowed. The order dated 18.12.2021 passed by learned Additional Sessions Judge, II, Jehanabad, in Mahendia P.S. Case No. 01 of 2021 (Excise Case No. 06 of 2021) and order dated 24.01.2022 passed by learned Special Judge, Excise Court No. II, Jehanabad, in Mehandia P.S. Case No. 01 of 2021 (Excise Case No. 06 of 2021).

(Sandeep Kumar, J) pawan/- U T