IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14057 of 2008 SANJAY KUMAR @ SANJAY RAI Versus STATE OF BIHAR ----------- 2. 15.7.2008. Heard Mr. Ashok Kumar Choudhary learned counsel for the petitioner and Mr. Praveen Kumar Verma learned counsel appearing on behalf of the actual owner that is Ritu Rai and the State. The petitioner has challenged the order dated 14.3.2008 passed in Sessions Trial No.3075 of 2007 arising out of Dehri P.S. Case No. 116 of 2007 by which the court below has refused to release the truck bearing registration no.UP-64D/0975. The truck was seized for carrying wheat which was not accounted for. Smt. Ritu Rai is the truck owner and this petitioner had filed an application for release of the truck on the ground that he holds the ‘Power of Attorney’ on behalf of Smt. Ritu Rai, the truck owner. The ‘Power of Attorney’ is annexured and marked as annexeure-1 to this application. The court while hearing the matter called for a report from the Investigating Officer of the Police Station in question and the report of the Investigating Officer indicates that the police officers does not have any objection if the truck is released. The court below while considering the application for release has rejected the application on the ground that Smt. Ritu Rai has not appeared and the application has not been filed by her rather by a different person. He has also observed that the offence is serious in nature, and as such, has rejected the application for release of the - 2 - truck. This Court finds that the owner of the truck that is Smt. Ritu Rai has no objection if the truck is released and has accepted the fact that the petitioner holds a valid’ Power of Attorney’ on her behalf by filing an application for release of the truck. In the circumstances, I find that there is no reason why the truck should not be released in favour of the petitioner subject to the conditions that the court may impose. The truck should be released within a period of one month on receipt of this order. This application is thus allowed to the extent aforesaid. U.K. (Sheema Ali Khan,J)