Case Facts:
Patna High Court Cr.Misc. No.7106 of 2011 (2) dt.27-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7106 of 2011 ====================================================== Nitin Kumar Jaiswal, son of Sri Shiv Nand Jaiswal, resident of Village- Bharhara, P.S. Banmankhi, District- Purnea .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Chittranjan Singh, Sr. Advocate. Mr. Md. Faiz Ahmad, Advocate. For the Opposite Party/s : Mr. Matloob Rab, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 27-04-2012 Heard learned counsel for the petitioner and learned counsel for the State. 2. This application has been filed for quashing the order dated 27.12.2010 passed by the learned Chief Judicial Magistrate, Purnea in K. Nagar P.S. Case No.290 of 2010 by which he has declined to release the seized amount of Rs.2,90,000/- in favour of the petitioner. 3. In this case First Information Report was lodged for the offences under sections 413, 414, 171 E, 171 H, 120B/34 of the Indian penal Code and 123 and 136 of the Representative of People Act. 4. According to the First Information Report it appears that on 9.10.2010 when he was performing the duty of checking of motor vehicle with other police party at the time Patna High Court Cr.Misc. No.7106 of 2011 (2) dt.27-04-2012 of assembly election about 8.40 P.M. a green colour Maruti Zen Car bearing registration no. BR-16M/0027 was coming towards Purnea. The Car driver of the said Car tried to flee away when the police constable gave signal to stop. It has been further alleged that four persons including the driver were sitting inside the Car in suspicious conditions. In presence of two independent witnesses, namely, Md. Afroj Alam, son of late Akbar Ali and Md. Alam, son of Sheikh Habib, resident of K. Nagar, District-Purnea enquired the accused persons. The accused persons on enquiry disclosed their names as Nitin Kumar Jaiswal, Shiv Narain Sah, Sunder Lal Vaidya and Dilip Chaudhary. The informant recovered a black colour hand bag from Nitin Kumar Jaiswal containing Rs.2,90,000/-. On enquiry these accused persons disclosed that they are business men doing business of Jute and used to sell the Jute in Bengal and receive cash from one Saket Sharma business man of Gulabbagh but they could not give satisfactory reply about account. It has been further alleged that money was being carried to distribute the same amongst voters to influence the voters and they were caught red handed during course of motor vehicle checking. It is also clear that they have used the money to exchange money in the illegal Patna High Court Cr.Misc. No.7106 of 2011 (2) dt.27-04-2012 manner. It has been further alleged that amount of Rs.2,90,000/- was seized from the Maruti Car in presence of two independent witnesses which led to filing of the present case. The charge sheet under [STATUTE] and 1234 and 136 of the representative of People Act. 5. Learned counsel for the petitioner submits that the money belongs to the petitioner and the petitioner takes responsibility of the money. He further submits that it will not serve any purpose if it remains in custody of the police. He further submits that he will produce the aforesaid amount if any direction would come from the trial court. He has relied on the judgment of this Court passed in Cr. Misc. No. 30609 of 2009 which was disposed of on 13.12.2010 and makes a prayer that in a similar circumstance the money was recovered from the car and this Court had allowed the petition and directed the court below to release the money to the petitioner on proper surety to the satisfaction of the trial court. 6. Learned counsel for the State has disputed the argument of the petitioner and submits that still the matter is under investigation and after proper verification the money could not have been released. It has been submitted that the Patna High Court Cr.Misc. No.7106 of 2011 (2) dt.27-04-2012 money was in Hawala for illegal purpose. 7. Having considered the rival contention of the parties as admittedly there is no dispute that money which is being claimed by the petitioner that he was carrying the money as he claimed that he had received the same from another business man and he undertakes if there is any direction from the trial court then he would produce the same as and when required. No useful purpose would be served in retaining the money. In such circumstances when he undertakes that he will produce the money as and when there will be a direction from the trial court. 8. This Court directs the trial court to release the aforesaid money after taking proper security and bond to his satisfaction. The trial court will also take an affidavit in the shape of undertaking that he would produce the money as and when the trial court will require the same and in that circumstance the court below will release the aforesaid amount in favour of the petitioner which shall be subject to the final out come of the criminal proceeding against the petitioner. 9. Accordingly the order dated 27.12.2010 passed by Patna High Court Cr.Misc. No.7106 of 2011 (2) dt.27-04-2012 the learned Chief Judicial Magistrate, Purnea in K. Nagar P.S. Case No.290 of 2010 is set aside. 10. This application is accordingly disposed of with the aforesaid direction. Vinay/- (Shivaji Pandey, J)

Applicable IPC Section: 171E

Statute Text:
Section 171E of the Indian Penal Code. Bribery. Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; Provided that bribery by treating shall be punished with fine only.