Sunit Kumar v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1029 of 2025 Arising Out of PS. Case No.-225 Year-2024 Thana- BIKRAM District- Patna ====================================================== Sunit Kumar S/o- Sri Dinesh Prasad Resident of Barah PO - Barah PSRanitalab, Dist- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna Bihar 2.

The District Magistrate, Patna Bihar 3.

The Senior Superintendent of Police, Patna Bihar 4.

The Station House Officer, Bikram, Patna Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhir Kumar, Advocate For the State :

Mr. Sumant Kumar Singh, G.A.2 For the Mines Deptt. : Mr. Naresh Dikshit, Spl. P.P. (Mines) Mr. Sumit Shekhar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-09-2025 The present criminal writ application has been filed seeking direction to the respondents to release vehicle which is a tractor bearing Registration No. BR01GL-3896, Chassis No. MEAOADO5BN-2412764, Engine/Motor No. 53327B28825 of the petitioner which has been seized in connection with Bikram P.S. Case No. 225 of 2024, dated 06.06.2024 for illegal transportation of sand.

2. Learned counsel for the petitioner submits that the petitioner is the owner of a tractor bearing Registration No. BR01GL-3897, Chassis No. MEAOADO5BN-2412764, Engine No. SJ327B28825 and Trailer No. BR01GL-4485, Chassis No.

Patna High Court CR. WJC No.1029 of 2025(3) dt.18-09-2025 2/2 MTIPO389.

3. Perusal of record shows the petitioner has approached the court of learned Additional Chief Judicial Magistrate-VI, Danapur for release of his vehicle bearing Registration No. BR01GL-3897 and Trailer No. BR01GL4485. It also appears from the order dated 18.01.2025 passed by learned Additional Chief Judicial Magistrate-VI, Danapur that police seized the vehicle plying with Registration No. BR01GL-3896 and the petitioner made a prayer for release of vehicle bearing Registration No. BR01GL-3897. The impugned order also mentions police report which shows the seized vehicle was being plied after changing the registration number. Considering these facts, the learned Additional Chief Judicial Magistrate-VI, Danapur has rejected the prayer for release of the vehicle. Against the said order, the petitioner has other efficacious remedy and filing the present criminal writ is simply abuse of process of law.

4. Therefore, I do not find the writ petition to be maintainable and hence, the same is dismissed. (Arun Kumar Jha, J) DKS/- U T