Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16636 of 2007 Raj Kumar Prasad @ Raj Kumar Sao @ Raj Kumar Sahu, S/O Late Paryag Sao, resident of Gola Road, Nawadah, P.S. and District Nawadah… …Petitioner Versus 1. The State Of Bihar, through Collector, Gaya 2. B.D.O., Bodh Gaya… Respondents …………. For the Petitioner : Mr. N.K.Agrawal, Sr. Advocate Mr. Vijay Anand, Advocate For the State : Manoj Kumar, A.C. to S.C. VI ……………….. 2 13.01.2012 Heard learned counsel for the petitioner and the State. At the time of hearing of this case, learned counsel for the petitioner confines the prayer only for release of the vehicle (Truck) bearing No. BR13G-9612 which was seized in connection with Bodh Gaya P.S. Case No.80/2007 registered under [STATUTE] upon furnishing sufficient security to the satisfaction of S.D.J.M., Gaya. Allegation in the F.I.R. is that 660 bags of wheat belonging to Food Corporation of India 2 Limited meant for ‘Antyodaya Scheme’ have been seized from the Truck. The petitioner claims to be the owner of the said truck. It is submitted that vehicle is being used for commercial purpose and though is lying under the seizure since long but proceeding has not been concluded till date. It is submitted on behalf of the petitioner that in a similar circumstances, vide order dated 31.7.2007 passed in C.W.J.C. No.7122 of 2007, this Court had directed to release the concerned vehicle upon furnishing sufficient security. Accordingly, this order is being passed without going into the merit of the case and considering the fact that the vehicle of the petitioner which was used for commercial purpose is lying under the seizure for a considerable time. The S.D.J.M., Gaya is directed to release the truck bearing registration No. BR 13G-9612 in favour of the petitioner on production of the document relating to ownership of the vehicle and on furnishing sufficient security to his satisfaction. It 3 goes without saying that the order of release will be subject to the final result of Town P.S. Case No. 80/2007 as well as any confiscation proceeding initiated under the provisions of the Essential Commodities Act, 1955. It is also made clear that the petitioner would be obliged to produce the vehicle as and when required under the law. This application is allowed to the extent as indicated above. Sanjay-II ( Dr. Ravi Ranjan, J.)

Applicable IPC Section: 467

Statute Text:
Section 467 of the Indian Penal Code. Forgery of a valuable security, will or authority to make or transfer any valuable security, or to receive any money, etc. Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.