Yogendra Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.970 of 2019 Arising Out of PS. Case No.-624 Year-2018 Thana- AGAMKUAN District- Patna ====================================================== Yogendra Pandit Son of Late Gokhula Pandit At Present Resident of Village - Block No.2, Flat No.35, Sector- 7, H.I.G., Bhootnath Road, kankarbagh, Patna, Permanent Resident of Village - Banjari, Bhitbherwan, P.O. and P.S. and Dist.- Gopalganj.

... ... Petitioners

Versus

1.

The State Of Bihar 2.

The Superintendent of Police, Patna.

3.

The Dy. S.P., Patnacity, Patna.

4.

The Thana Prabhari, P.S.- Agam Kuan, Dist.- Patna. 5.

The investigation Officer, P.S.- Agam Kuan, Dist.- Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Ranjan Sinha For the Respondent/s :

Mr.Md. Nadim Seraj ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 24-06-2019 This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for directing the respondents to release the ATM Card, bunch of keys and passbook seized in connection with Agam Kuan P.S.Case No. 624 of 2018 registered under Sections 420, 467, 468, 418 and 455 read with 34 of the Indian Penal Code. It is contended by the petitioner that on 27.08.2018 one Tata Safari vehicle bearing registration no. BR-04J-3413 was intercepted and several articles were seized from it. The petitioner was made named accused in the case. He was granted

Patna High Court CR. WJC No.970 of 2019(2) dt.24-06-2019 2/2 bail by the court below on 19.09.2018. After being released on bail, he filed an application in the court of ACJM, Patna City on 02.11.2018 for release of ATM Card, bunch of keys and passbook mentioned in the seizure list. On the said application, a report was called for by the learned ACJM from the police station on 02.11.2018 and since then the matter is pending before him.

There is nothing on the record to show as to what happened after 02.11.2018 in the court below. Since the application for release of the articles mentioned above is pending in the court of ACJM, Patna City, I am not inclined to entertain this application in extraordinary writ jurisdiction under Article 226 of the Constitution of India. The application is dismissed.

However, the learned ACJM, Patna City is directed that in case the application of the petitioner for release of the articles is still pending, he shall expeditiously dispose of the same.

(Ashwani Kumar Singh, J) Pradeep/- U T