IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.816 of 2010 ANIL KUMAR Versus STATE OF BIHAR & ORS ----------- 3 1.10.2010 Heard counsel for the petitioner and the State. In the instant writ petition the petitioner prays for release of Truck bearing registration no.N.L.02D-6031 which was seized in connection with Nokha P.S. Case No.128 of 2009. Learned counsel for the petitioner submits that the vehicle is a commercial carrier and neither the petitioner nor his driver had any idea whether the fertilizer was being carried illegally. He further submits that the truck is lying in open sky and as such there is every chance that it will rust. Learned counsel further submits that the pendency of confiscation proceeding would be no bar to the jurisdiction of this court in exercising the power relating to release of vehicle. This court in appropriate cases has directed for release of the vehicle in question subject to the result of confiscation case as well as criminal proceeding. Counsel for the State submits that the truck in question was carrying fertilizer illegally. Having heard counsel for the parties, this court directs that if the petitioner files an application before the S.D.J.M., Sasaram for release of the truck in question, he would release the Truck bearing registration no.N.L.02D-6031 which was seized 2 KHAN in connection with Nokha P.S. Case No.128 of 2009, in favour of the petitioner after being satisfied about the ownership of the vehicle and on furnishing sufficient security to his satisfaction. It is made clear that the release of the vehicle in question will be subject to the result of the confiscation case and/or the criminal proceedings. With the aforesaid observations and directions, this writ petition stands disposed of. Let this order be communicated through fax at the cost of the petitioner. (S.P.Singh,J)