Manoj Mahto v. The State Of Bihar Through The Principal Secretary, Department Of Excise, Government Of Bihar, Patn

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3242 of 2018 Arising Out of PS. Case No.-57 Year-2018 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Manoj Mahto Son, of Nepo Mahton @ Nepo Rai, Resident of Manjhaul, Ward No.10, Police Station- Cheriya Bariyarpur (Manjaul O.P.), DistrictBegusarai. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department Of Excise, Government of Bihar, Patna

2. The District Magistrate, Begusarai.

3. Station House Officer, Cheriya Bariyarpur Police Station, District- Begusarai.

4. Sub Inspector of Police, Station House Officer, Manjhaul O.P. Cheriya Bariyarpur Police Station, District- Begusarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Dhar Jha, Advocate For the Respondent/s :

Mr.Anil Kumar Sinha,GA-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-02-2019 Though this writ petition has been filed by the petitioner for a direction to the authority concerned to release Bolero Pickup Van bearing Registration No. BR-9E-3970 in favour of the petitioner, which was seized by the police in connection with Cheriya Bariyarpur ( Manjhaul O.P.) Police Station Case No. 57 of 2018, learned counsel appearing for the petitioner submitted that the writ petition may be disposed of directing the learned Additional Sessions Judge-II-Cum-Special Judge, Begusarai to dispose of the petition dated 03.05.2018 filed under Section 451 of the Code of Criminal Procedure for release of the said vehicle.

Patna High Court Cr. WJC No.3242 of 2018(2) dt.20-02-2019 2/2 He submitted that on the aforesaid petition, the court below had called for a report from the District Magistrate vide order dated 16.05.2018 and also from the Station House Officer, Cheriya Bariyarpur, Manjhaul. The report of the concerned police station has been received, but the application is not being disposed of for want of report of the District Magistrate. Considering the submissions made above, as the court cannot keep a matter pending for an indefinite period awaiting the report of the District Magistrate, the writ petition is disposed of with a direction to the learned Additional Sessions Judge-IICum-Special Judge, Begusarai to dispose of the application for release of his vehicle filed by the petitioner without any further delay, preferably within three weeks from the date of receipt/production of a copy of the order in accordance with law. (Ashwani Kumar Singh, J) Md. S/SKSuman.

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