IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.10417 OF 2001 1. SHIV KUMAR LATH, SAON OF LATE TOLA RAM LATH, AT & PO SURSAND, POLICE STATION SURSAND, DISTRICT SITAMARHI 2. SHAMBHU SINGH, SON OF RAM SWARATH SINGH, RESIDENT OF VILLGE MALAHI, POLICE STATION SURSAND, DISTRICT SITAMARHI ……………………………………………………………………………PETITIONERS VERSUS THE STATE OF BIHAR ********* 9 18/01/2011 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. Counsel for the petitioners challenged the order taking cognizance dated 20.02.1995 under Sections 183, 192, 194 & 196 of the M. V. Act. The allegations against the petitioners is that the bus of petitioner no. 1 was stopped for checking and it was found that it was overloaded, carrying about 65 passengers which were beyond the sitting capacity of the bus. It is further alleged that the bus did not have the road permit and insurance. It has also been alleged that the bus driver was driving the bus rashly. The last part of the allegations seems vague, however, it was incumbent on the owner of the bus to have a road permit and insurance documents. Learned Counsel for the petitioners has raised a point that the Police Authorities could not have inspected the bus as they were not notified by the State 2 Government to conduct inspection of buses, whereas, the Counsel for the State submits that Sections 206 and 206 of the M. V. Act empowers the Police Officers to seize the vehicles. The second aspect argued on behalf of the petitioners is that if the petitioners or the bus owner was not carrying the documents, then as per the provisions of the M. V. Act, it was incumbent on the authorities to issue a notice asking them to produce the documents within a specified period of time. Counsel for the State submits that the petitioners or the bus owner could have produced the documents before the concerned authorities in order to establish their bonafides and as such the plea taken on behalf of the petitioners is not justified. At present, it is not possible for this Court to adjudicate on the issues raised on behalf of the petitioners. The petitioners may raise these issues at the time of framing of the charge. This application is thus disposed of with the aforesaid observations. Anand ( Sheema Ali Khan, J. )