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Patna High CourtCR. WJC/1201/2025disposed

Bhola Yadav v. The State Of Bihar Through The Additional Chief Secretary, Home Deptt., Govt. Of Bihar

2025-07-03Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1201 of 2025 Arising Out of PS. Case No.- Year-0 Thana- District- Aurangabad ====================================================== Bhola Yadav S/o Devan Yadav R/o vill - Hamidnagar, P.s.- Upahara, Distt. - Aurangabad (Bihar) ... ... Petitioner/s

Versus

1.

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

The Additional Chief Secretary, Home Deptt., Govt. of Bihar Patna 3.

The District Magistrate, Aurangabad (Bihar) Bihar 4.

The Superintendent of Police, Aurangabad, Bihar 5.

The Deputy Superintendent of Police, Daudnagar, Aurangabad Bihar 6.

The S.H.O., Upahara Police Station, Distt.- Aurnagabad Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Kumar For the Respondent/s :

Mr. G.A.5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-07-2025 Heard the parties.

2. The petitioner has moved this Court for the following relief(s):- "For the direction upon the respondents for release of the vehicle of the petitioner in his favour which is on Mahindra B275DI Tractor bearing Reg. No. BR 56 G-2933, Chasis No. MBNABAEXKLJJ03707 Engine No.- RLJ2EMN 1965 which has been illegally seized in course of threshing the crops of wheat from the

Patna High Court CR. WJC No.1201 of 2025(2) dt.03-07-2025 2/2 field of the petitioner on 01.05.2025 by the Police and for which neither any F.I.R. was lodged nor any acquisition of the said tractor of the petitioner has been shown nor any confiscation proceeding has been initiated nor any notice in this regard has been issued or scared to the petitioner till date."

3. The Station House Officer and Investigating Officer, Upahara Police Station have appeared personally before this Court.

4. Since there is no proper seizure, the police is directed to release the tractor bearing Reg. No. BR 56 G-2933, Chasis No. MBNABAEXKLJJ03707 Engine No.- RLJ2EMN 1965 in favour of the petitioner after taking a surety of Rs. 5 Lakhs.

5. This application is disposed of.

(Sandeep Kumar, J) Ranjeet/- U T