IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12202 of 2011 Dhananjay Prasad Sah @ Dhananjay Sah, S/O Sri Rajendra Prasad Sah, R/O Mundichak, P.S.- Telkamanjhi, Distt.- Bhagalpur. . . . . Petitioner. Versus 1. The State of Bihar. 2. Superintendent of Police, Bhagalpur. 3. Deputy Superintendent of Police, Bhagalpur. 4. The Officer-in-Charge, Rasalpur, Kahalgaon, Bhagalpur. 5. The Deputy Enforcement Officer, Transport Department, Patna, Bihar. . . . . . Respondents. ----------- 3/ 05.09.2011 Heard learned counsel for the parties. 2. In the instant writ application, the petitioner prays for release of Truck bearing registration no. JH 11B 9359 along with loaded Coal, which is lying with Rasalpur Police Station in the district of Bhagalpur. 3. The petitioner submits that Enforcement officer of Department of Transport, Bihar, Patna seized the vehicle on account of over loading of coal. The petitioner submits that he paid the fine imposed by the Transport Department, which granted release order dated 24.05.2011. A copy of release order is contained in Annexure-2 to this writ application. The petitioner submits that in spite of release order, his vehicle has not been let off by Rasalpur police. The petitioner further submits that no criminal case has been instituted. He further submits that he filed an application for release of truck along with coal before the learned Chief Judicial Magistrate, Bhagalpur, who disposed of the application as not maintainable, as no case was registered against the petitioner or the truck in question. 2 4. Counsel for the State seeks three weeks time to file counter affidavit. 5. The vehicle in question is a commercial vehicle and the Department, which had grievance, had already passed release order after taking appropriate fine. In such circumstances, there is no justification for detaining the vehicle any further. The Rasalpur police is directed to release the vehicle on furnishing personal bond of the petitioner with an undertaking that he would produce the vehicle as and when required. 6. With the aforesaid direction, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)