IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1092 of 2009 VED VAYAS, s/o Late Rameswar Gopal Arya, resident of Mohalla Mathuria, P.S.- Laheri Biharsharif, District- Nalanda. . . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. D.G.P., Bihar, Patna. 3. DIG (Police), Patna Central 4. Amit Kumar, S.P., Nalanda. 5. Md. Abdulla, Dy.S.P., Bihar Sharif Town. 6. Nityanand Chauhan S/o unknown S.H.O., Laheri. 7. Sunil Kumar Ambasta s/o unknown I.O. Laheri. . . . . . Respondents ----------- 2/ 08.09.2010 Heard learned counsel for the petitioner and the State. In the instant writ application, the petitioner has prayed for direction to the respondents, especially respondent no.2, for taking appropriate action against respondent nos. 5, 6 and 7, who have deprived the petitioner from his life and liberty. Learned counsel for the petitioner submits that the property of the petitioner has been attached under Section 83 of Cr.P.C. in Laheri P.S. case no. 147 of 2007, dated 04.09.2007 under Sections 363, 366(A)/34 of the Indian Penal Code. He further submits that he is not accused in the instant case. It is well settled that only property of a person, who is an accused in a case can be attached under Section 83 of Cr.P.C. In these circumstances, this Court observes that if petitioner files an application under Section 85 of the Cr.P.C. for release of property. Learned counsel for the petitioner submits that he has already filed a petition for release of property, which in fact was released by the learned Magistrate. He further submits that on account of attachment of the property, his prestige has suffered in 2 the eyes of the local people. He further submits that the property has also been returned in damage condition. After hearing the counsel for the parties, this Court observes that it will be open for the petitioner to file an appropriate case for claim of compensation. With the aforesaid direction, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)