Akash Kumar v. The State Of Bihar Through The District Magistrate, Sitamarhi.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.984 of 2021 Arising Out of PS. Case No.-97 Year-2021 Thana- SONBERSA District- Sitamarhi ====================================================== AKASH KUMAR Son of Nageshwar Singh Resident of Village - Sonbarsa, P.S.- Sonbarsa, District - Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Sitamarhi. 2.

The Superintendent of Police, Sitamarhi, District - Sitamarhi. 3.

The S.D.P.O. Sadar, Sitamarhi, District - Sitamarhi. 4.

The Officer Incharge, Sonbarsa Police Station, District - Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the Respondent/s :

Mr. Manish Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner filed the instant application for a direction to the respondent-Officer Incharge of Sonbarsa Police Station, District Sitamarhi to release the petitioner's motorcycle bearing registration no.BR06 CN 8885, Chasis no.MD634AE87L2P11721, Engine no.AE8PL2912195 of the make TVS APACHE RTR 169 which according to the petitioner has been seized but no seizure list prepared. Without going into the merits of the case of the parties, it may be stated here that a counter-affiavit has been filed in the case on behalf of the Superintendent of Police,

Patna High Court CR. WJC No.984 of 2021(4) dt.11-01-2022 2/2 Sitamarhi stating therein that the motorcycle in question was seized in a damaged condition and a seizure list has been enclosed along with the counter-affidavit.

In view of the above, this application is disposed of granting liberty to the petitioner to file an appropriate petition in the learned trial court for release of the said motorcycle. In case the same is filed within a period of four weeks from today, the application shall be decided by the learned trial court in accordance with law within a period of six weeks. This application stands disposed of with the above observations and directions.

(Partha Sarthy, J) Saurabh/- U