Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18359 of 2014 Arising Out of PS.Case No. -238 Year- 2013 Thana -DUMRAUN District- BUXAR ====================================================== Sunil Kumar Son of Shri Brij Bihari Prasad Resident of mohalla- Chhotki Sarimpur, Police Station- Buxar ( Town), District- Buxar .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nil Kamal, Adv. For the Opposite Party/s : Mr. Satyavrat Verma, App ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 26-02-2015 The petitioner seeks quashing of the order dated 25.03.2014 by which the Sessions Judge-cum-Special Judge, Buxar has refused to release the motorcycle bearing no. 44B-5535 seized in Dumraon P.S. Case No. 238 of 2013.

The case of the informant is that on the date of occurrence the petitioner while going on a motorcycle was caught with incriminating articles. However, there is no allegation that there was a secret chamber in the motorcycle. Hence I do not find any difficulty in releasing the motorcycle if the claims of the petitioner is bonafide.

Accordingly, the application is disposed of with direction to the Court concerned to release the motorcycle within a period of four weeks from the date of receipt of this order after due examination of the documents produced on behalf of the petitioner on bonds found fit and proper.

(Anjana Prakash, J) Prakash/- U T