Law Kush Kumar v. The State Of Bihar Through The Director General Of Police, Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1598 of 2018 ====================================================== Law Kush Kumar S/o Santosh Singh @ Santosh Kumar Singh, R/o Vill.- Nawhi, P.S.- Naubatpur, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through The Director General of Police, Government of Bihar, Patna.

2. The Senior Superintendent of Police, Patna, Bihar.

3. The Rural Superintendent of Police, Patna, Bihar.

4. The Officer In Charge, Maner P.S., Patna, Bihar. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr. P.K.Verma (Aag-3) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-07-2018 The grievance of the petitioner is that even though a report dated 16.06.2016 (Annexure 3 to the writ application) has been submitted by the Sub-Inspector of Maner Police Station in the Court of 1st Class Judicial Magistrate, Danapur, stating therein that all papers of motorcycle in question is true and the said motorcycle was not involved in any case, till date the motorcycle in question has not been released. It is submitted that the motorcycle of the petitioner is lying in the open sky and is deteriorating day by day which is not only loss to the petitioner rather it is a national loss.

Learned counsel for the State is present.

Considering the facts and circumstances of the case,

Patna High Court Cr. WJC No.1598 of 2018 (2) dt.25-07-2018 and after going through the report as contained in Annexure 3 to the writ application, this Court would direct the learned 1st Class Judicial Magistrate, Danapur, in whose Court the application for release of the vehicle is pending to consider the application and pass an appropriate order on the application of the petitioner within a period of 15 days from the date of receipt/production of a copy of this order.

This Court is unable to understand as to why despite a report having been submitted in the year 2016, the application for release of the vehicle in question has not been considered and the vehicle has been left to gather the vagaries of nature and left for deterioration day by day. The matter would be required to be attended by the Court below with some urgency. The application stands disposed off.

(Rajeev Ranjan Prasad, J) Arvind/R.R.Ojha/Ved U T