Lalan Ram @ Lalan Ram Pasi @ Lalan Pasi @ Lalan Prasad v. The State Of Bihar Through, The District Magistrate, Rohtas And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.742 of 2018 ====================================================== LALAN RAM @ LALAN RAM PASI @ LALAN PASI @ LALAN PRASAD, S/o Late Doma Pasi, Resident of Village- Kharari, P.S- Nokha, District- Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar through, the District Magistrate, Rohtas.

2. The Senior Superintendent of Police, Sasaram, Rohtas.

3. The Officer-in-Charge Nokha Police Station, District- Rohtas. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ambuj Kumar Chandra, Adv. For the Respondent/s : Mr. Sheo Shankar Prasad (SC8) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner is seeking release of his vehicle (Tata Sumo Grand) bearing Reg. No.BR-24P-4220 which has been seized in connection with Nokha P.S. Case No.56/17 registered under Sections 366/34 of the I.P.C.

Learned counsel for the petitioner submits that even though the vehicle in question has been seized in connection with the offence under the Indian Penal Code, considering the fact that the criminal case is not likely to be disposed off in near future the vehicle may be provisionally released in his favour on such terms and conditions which may be imposed by this Court. Learned counsel also submits that the petitioner is willing to provide all such undertakings which may be necessary to protect the vehicle

Patna High Court Cr. WJC No.742 of 2018 (2) dt.27-04-2018 in question and to produce the same as and when required in connection with the said case.

Learned counsel for the State is present.

Considering the submissions of the learned counsel for the petitioner particularly that the vehicle in question is lying in the premises of the police station in open sky and over the period it will lose its worthiness and shall be of no use, I would direct provisional release of the vehicle in question on the petitioner furnishing two sureties to the satisfaction of the court below within a period of one week from the date of receipt/production of a copy of this order. During the pendency of the trial, the petitioner shall not deal with the vehicle in question creating any third party interest and shall produce the vehicle as and when required in connection with the said case. Before release of the vehicle a duly certified photograph/panchanama of the same will be prepared and kept on record which the petitioner shall undertake not to challenge in course of trial or the confiscation proceeding, as the case may be.

The application stands disposed off.

Arvind/- (Rajeev Ranjan Prasad, J) U T