IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.906 of 2009 Dinesh Sah, son of Binda Sah, resident of village-Tengarari, P.S.-Sebaipatti, District- Muzaffarpur. -Petitioner. VERSUS 1. The State of Bihar through the District Magistrate, Muzaffarpur. 2. The Secretary, North Bihar Regional Transport Authority, Muzaffarpur. 3. The District Transport Officer, Muzaffarpur. 4. The Deputy Superintendent of Police, East Muzaffarpur. 5. The Block Supply Officer, Minapur, Muzaffarpur. 6. The Officer Incharge, Siwaripatti Police Station, Muzaffarpur. -Respondents. ----------- 02 21.12.2009 This writ petition has been filed for release of public career vehicle bearing registration no.BR 06G-4399, model 2009, Engine No.4971-C 94, 302805838 and Chasis No.3821318 028043399, which was seized in connection with Siwaipatti P.S. Case No.14 of 2009 dated 14.04.2009 instituted for an offence punishable under Section 7 of the Essential Commodities Act. Learned counsel for the State points out that a Confiscation Case No.01 of 2009-10 is pending before the Collector, Muzaffarpur. Learned counsel for the petitioner states that he has already been granted anticipatory bail and no useful purpose would be served by permitting the public career truck to be remained standing at the police station, as the public career vehicle being a commercial commodity deteriorates in time. Therefore, the truck may be released to the petitioner. Having heard the parties, in my view, the truck would only waste if it is permitted to stand at the police station. It will cause irreparable injury to the petitioner if it is not released. - 2 - Petitioner states that even otherwise petitioner being owner thereof was not involved in the incident. The driver had taken hire and if any thing may be there against the driver, petitioner cannot be held responsible. Be that as it may, in my view, no useful purpose would be served by permitting the vehicle to be detained. In such a situation, I direct that the learned SDJM East, Muzaffarpur would release the vehicle of the petitioner on proper identification and on furnishing bond, subject to his satisfaction provided the petitioner would not sale or otherwise dispose of the vehicle, without permission of the Trial Court. This release would however be subject to the result of the confiscation proceeding and criminal proceeding in that regard. The writ petition stands disposed of. Trivedi/ (Navaniti Prasad Singh, J.)