Md. Mansur Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86525 of 2023 Arising Out of PS. Case No.-224 Year-2022 Thana- DIGHWARA District- Saran ====================================================== Md. Mansur Alam SON OF SAMASUDIN R/O VILLAGE- RAIPATTI, P.S.- DIGHWARA, DIST.- SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-07-2024 Counter affidavit filed by Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor is taken on record.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

3. This application has been filed for quashing of order dated 04-09-2023 passed in Cr. Revision No - 80 of 2023 whereby and whereunder the District and Sessions Judge has been pleased to affirm the order dated 28-02-2023 passed by A.C.J.M. IInd Saran at Chapra, by which the Magistrate has directed the petitioner to deposit a sum of Rs. 400000/- (Four lacks) as security money for releasing the vehicle in his favour which has been seized in connection with Dighwara P.S. Case No. 224 of 2022, registered for the offences under section- 279, 337, 335, 304 of the Indian Penal Code which is presently pending before the court of A.C.J.M. IInd Saran at Chapra.

4. It has been submitted by the learned counsel for the petitioner that the impugned order was passed treating the vehicle to be uninsured and therefore, the petitioner was

Patna High Court CR. MISC. No.86525 of 2023(5) dt.18-07-2024 2/2 directed to deposit Rupees Four Lakhs.

5. Now learned counsel for the petitioner relies upon certain documents and submits that vehicle in question was insured and therefore, he may not be directed to deposit Rupees Four Lakhs.

6. This factual aspect cannot be gone into by this Court.

7. The petitioner is given liberty to file a fresh application for modification of the order dated 04-09-2023 passed in Cr. Revision No. 80 of 2023 passed by the learned District Sessions Judge, Saran at Chapra annexing the insurance papers.

8. If such an application is filed, the same shall be considered and decided by the Sessions Judge, Saran at Chapra within one month of its filing.

9. Let a copy of the order be communicated to the District Judge, Saran at Chapra through FAX/e-mail forthwith for compliance of the order.

10. With the aforesaid observations and directions, this application is disposed of.

(Sandeep Kumar, J) Saif/- U T