Manish Kumar Gupta v. The State Of Bihar Through The Principal Secretary, Deptt. Of Home

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1732 of 2024 Arising Out of PS. Case No.-83 Year-2022 Thana- ASARGANJ District- Munger ====================================================== Manish Kumar Gupta son of Brijmohan Gupta Village- Tarabari, ward no 15, PS- Tarabari Sharanpur Dabhra, Distt -Araria ... ... Petitioner

Versus

1.

The State Of Bihar Through The Principal Secretary, Deptt. Of Home Bihar 2.

The District Magistrate, Munger Bihar 3.

The Sub-Divisional Officer, Tarapur Bihar 4.

The Block Supply Officer, Asarganj Bihar 5.

The Officer-In-Charge Of Asarganj, Police Station Bihar 6.

The Investigating Officer, Of Asarganj Ps Case No. 83/2022 Bihar ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Kamal Nayan For the Respondent/s :

Mr. G.P.18 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner has approached this Court for the following reliefs:- (i) For directing the respondent authorities to release the vehicle TATA 407, Pick-up bearing Registration No.BR11GB3592, Chesis No.MAT505262H8E90705 and Engine No.4SPCR11ESY614425, in connection with Asarganj P.S. Case No.83 of 2022, dated 16.06.2022, registered under Sections 406, 409, 420 of IPC and later on Section 7 Essential

Patna High Court CR. WJC No.1732 of 2024(2) dt.29-04-2025 2/3 Commodities Act, 1955 has also been added.

(ii) For directing the respondent authorities to pay compensation to the petitioner for illegal confinement of the vehicle. (iii) For any other relief(s) to which the petitioner is found entitled to be in the facts and circumstances of the case.

3. It has been submitted by the learned counsel for the petitioner that the vehicle, in question is lying with the authorities for about last three years and the same is in the process of decay and nothing will be left after a few years. He therefore submits that he may be permitted to approach the Confiscating Authority by filing an application making a prayer that the vehicle in question may be released in his favour after he deposits the present insurance value of the vehicle.

4. In view of the above submission of learned counsel for the petitioner, this application is disposed of with the aforesaid liberty.

5. If such an application is filed by the petitioner then the Confiscating Authority will dispose of the same within two weeks from the date of its filing in accordance with law.

Patna High Court CR. WJC No.1732 of 2024(2) dt.29-04-2025 3/3

6. It is made clear that this Court has not applied its mind in the facts of the case.

(Sandeep Kumar, J) Shikha/- U T