IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12909 of 2011 Anju Devi, W/o Pramod Ram, R/o Town- Chandi Bazar, P.S.- Chandi, District- Nalanda. . . . . . Petitioner. Versus 1. The State of Bihar through the Secretary Department of Food and Civil Supplies, Government of Bihar, Patna. 2. The District Magistrate, Nalanda at Bihar Sharif. 3. The Sub-Divisional Officer, Bihar Sharif, Nalanda. 4. The District Supply Officer, Nalanda at Bihar Sharif. 5. The Additional Collector (Law), Nalanda at Bihar Sharif. 6. The Block supply Officer, Harnaut, Nalanda. 7. The Officer-in-charge, Harnaut Police Station, Harnaut (Nalanda). . . . . . Respondents. ---------------------------------- 2/ 18.08.2011 Heard learned counsel for the parties. 2. The petitioner is the owner of the vehicle (TATA MAGIC) bearing registration no. BR 21 D 9867, which is a public carrier. 3. The petitioner submits that her driver entered into an oral agreement with one Dilip Kumar for carrying 22 Gas cylinders from Chandi to Bakhtiarpur. The petitioner’s carrier is a public and commercial carrier and no useful purpose would be served in keeping the vehicle under custody. The vehicle has been purchased by taking loan from a bank. The petitioner submits that in similar circumstances, a bench of this Court vide order dated 30.07.2007 passed in C.W.J.C. No.5676 of 2007 (Prithvi Nath Prasad Vs. State of Bihar & Ors.) has directed for release of the vehicle, which would be subject to the final order passed in the case. 4. Counsel for the State submits that petitioner has already filed an application before the Chief Judicial Magistrate, Nalanda at Bihar Sharif for release of the vehicle. 2 5. In the facts and circumstances of the case, I direct the Chief Judicial Magistrate, Nalanda at Bihar Sharif to dispose of the application of the petitioner for release of the vehicle within two weeks from the date of receipt of a copy of this order in the light of order dated 30.07.2007 passed in C.W.J.C. No. 5676 of 2007, as contained in Annexure-7. 6. Let a copy of this order be communicated to the court of Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Harnaut P.S. case no. 82 of 2011 at the cost of the petitioner. Uday/ (Samarendra Pratap Singh, J.)