IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11214 of 2011 Sanjay Singh, Son of Late Ramjee Singh, Resident of Village + P.O. Tilrath, P.S. Barauni, Dist. Begusarai. . . . . Petitioner. Versus 1. The State of Bihar. 2. The Principal Secretary cum Commissioner, Department of Food and Consumer Protection, Govt. of Bihar, Patna. 3. The District Magistrate cum Collector, Begusarai. 4. The Superintendent of Police, Begusarai. 5. The Officer in Charge, Refinery O.P., P.S. Barauni, Dist. Begusarai. . . . . . . Respondents. ---------------------------------- 2/ 29.08.2011 Heard learned counsel for the parties. 2. The petitioner is the owner of Tanklory bearing registration no. BR 1G 7957. Learned counsel for the petitioner submits that the vehicle of the petitioner was seized with loaded diesel on 09.05.2009 giving rise to Barauni Refinery P.S. case no. 138 of 2009 under Section 407, 420, 413, 414, 120 B/34 of the I.P.C. and 7 of the Essential Commodities Act. The petitioner submits that the Tanklory is a commercial vehicle and it is hired by the dealers for transporting articles. He further submits that the petitioner is not aware whether the diesel, which has been loaded on the vehicle by the dealers are of theft one. 2. Counsel for the State seeks time to file counter affidavit. 3. It appears that the vehicle of the petitioner is lying in the police custody since more than two years. The vehicle if left unattended and uncared would ruin and deteriorate in due course. 4. As the vehicle is a commercial vehicle, I direct the release of the same pending confiscation proceeding on furnishing of adequate security. If petitioner files adequate security before the 2 Collector, Begusarai, he would release the vehicle on security. The release of the vehicle will be subject to the result of Confiscation proceeding. 5. With the aforesaid direction, this application is allowed. Uday/ (Samarendra Pratap Singh, J.)