Bindeshwar Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17465 of 2015 ====================================================== Bindeshwar Sah, son of Rit Lal, resident of Rahua Rajaram, P.S.- Mushahari, Distt- Muzaffarpur.

.... .... Petitioner

Versus

1. The State of Bihar through the Collector, Muzaffarpur.

2. The Collector, Muzaffarpur.

3. The Block Supply Officer, Mushahari, Muzaffarpur. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. N.K. Agarwal Sr. Advocate : Mr. Dhananjaya Nath Tiwari, Advocate For the Respondent/s : Mr. Sc3-Syed Arshad Alam : Mr. Mahtab Alam A.C. to SC-3 ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 27-11-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks release of the seized Bolero Pick-up Van bearing registration no. BR 06G 7432, which was seized on 05.09.2015 by Block Supply Officer, Mushahari giving rise to Mushahari P.S. case no. 144 of 2015 under Section 7 of the Essential Commodities Act.

In view of the fact that Bolero Pick-up van bearing registration no. BR 06G 7432 is a commercial vehicle, no useful purpose would be served by keeping it seized for a long time and this Court is of the view that the same be released in favour of the petitioner on verification of ownership document on furnishing adequate security to the satisfaction of Sub-Divisional Judicial

Patna High Court CWJC No.17465 of 2015 (2) dt.27-11-2015 2 / 2 Magistrate (East) Muzaffarpur.

It is made clear that the release of the Bolero Pick-up van in question will be subject to the result of criminal prosecution and/or Confiscation case, if any.

This writ application stands disposed of.

(Samarendra Pratap Singh, J.) Uday/- U