Abdul Rahman v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.31 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- BHOJPUR ===========================================================

1. Abdul Rahman son of Late Wasi Ahmad, Resident of Golaghat Road, Dimapur, Nagaland, At present resident of village - Shankar Saraiya, P.S. - Turkauliya, Dist. - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Superintendent of Police, Bhojpur, Arah.

3. The Station Head Officer, Koilwar police station Bhojpur at Arah. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dhurendra Kumar, Advocate For the Respondent/s : Mr. Manish Kumar, GP-4 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 07-08-2017 Truck of the petitioner was seized in connection with N.D.P.S. Case No.10 of 2010, arising out of Koilwar P.S. Case No.122 of 2010, a case registered for the offences committed under the N.D.P.S. Act.

Prayer in this writ application is for release of the said Truck. Learned counsel for the petitioner submits that the petitioner is not an accused in that case and trial of the case has already come to an end.

It appears that the petitioner has not approached the learned Court-below for release of the vehicle under the provisions of Sections 451/452 of the Code of Criminal Procedure.

Patna High Court Cr. WJC No.31 of 2017 dt.07-08-2017 P2/ Since the petitioner has got statutory remedy, let the petitioner move the Court concern first and thereafter avail his legal remedy according to law.

With the aforesaid observation, this application stands disposed of.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.08.2017 Transmission Date 10.08.2017