Raj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.849 of 2023 In CRIMINAL MISCELLANEOUS No.14277 of 2022 Arising Out of PS. Case No.-31 Year-2022 Thana- KUCHAIKOTE District- Gopalganj Raj Kumar Singh Son Of Lal Bahadur Singh R/O Village- Jhakhra Areraj, P.S.- Govindganj, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mrs. Asha Devi, A.P.P.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-02-2023 Heard Mr. Vinay Kumar Mishra, learned counsel appearing on behalf of the petitioner and Mrs. Asha Devi, learned A.P.P. appearing on behalf of the State.

2. Learned counsel appearing on behalf of the petitioner submitted that the present application under Section 482 of the Code of Criminal Procedure has been filed for modification of order dated 15.06.2022 passed in Cr. Misc. No. 14277 of 2022 with respect to one of the conditions that the District Transport Officer, Gopalganj must verify the owner of the vehicle bearing Registration No. BR06BU-4241 on the basis of registration, Engine No. and Chesis No. and submit a report to the Trial Court. He

Patna High Court CR. MISC. No.849 of 2023(5) dt.01-02-2023 2/3 further submitted that in spite of the fact that bail was granted to the petitioner by this Court but the District Transport Officer has not verified the Chesis Number and Engine Number of the said vehicle which is still in the possession of the petitioner.

3. The District Transport Officer, Gopalganj is directed to file his detailed show cause before the Trial Court as to why he has not furnished report as directed by this Court. In case the District Transport Officer, Gopalganj deliberately, does not file any show cause then the learned Special Court Excise is directed to submit a report before the learned Registrar General of this Court for taking appropriate action against the District Transport Officer, Gopalganj by placing the case on judicial side.

4. In absence of specific report submitted by the District Transport Officer, Gopalganj this Court directs the Trial Court to obtain specific report from District Transport Officer, Gopalganj and record his findings. In case he finds that the vehicle is not stolen then may release the petitioner on the conditions contained in order dated 15.06.2022 passed in Cr. Misc. No. 14277 of 2022 on the same terms

Patna High Court CR. MISC. No.849 of 2023(5) dt.01-02-2023 3/3 and conditions contained in order dated 15.06.2022 and accordingly the order dated 15.06.2022 is modified to the above extent.

5. Accordingly, the present modification application is disposed of.

(Purnendu Singh, J) nilmani/- U