IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. W.J.C. No.1279 of 2010 1. Bijendra Kumar, son of Sri Rajendra Yadav, resident of Village Gosai Tola, P.S. Patliputra, Distt. Patna. 2. Bhagwan Rai, son of Late Jag Narayan Rai, resident of Village Bataura, Jail Road, P.S. Beur, Anishabad, Distt-Patna. 3. Sunil Kumar,son of Late Dhannu Mahto, resident of Village Jamunapur, P.S. Malsalami, Distt. Patna. ---Petitioner Versus 1. THE STATE OF BIHAR. 2. The Marketing Officer, Rationing, Patna. ---Respondents ----------- 2. 18.3.2011 Heard learned counsel for the petitioners and the State. The petitioners pray for release of the seized tanker bearing Registration No.BR 1G/4994 in favour of petitioner no.1, Mahendra Bolero Pick-up Van bearing Registration No.BR 1AL/5985 in favour of petitioner no.2 and Bajaj Motor-cycle bearing Registration No.BR- 1AM/1990 in favour of petitioner no.3, which were seized in a case registered under section 420/34 of the Indian Penal Code and section 7 of the Essential Commodities Act, vide Didarganj Police Station Case No.162 of 2010, on furnishing the relevant documents in support of the ownership and also on furnishing adequate security, subject to the result of the aforesaid criminal case and/or confiscation proceeding, if any. Learned counsel appearing for the State opposes the prayer for release of the vehicles in question and submits that without verifying/satisfying the ownership of the vehicles and also in absence of adequate security, the same should not be released. Considering the submissions of the parties, this Court is of the opinion that the continuing the seizure of the aforesaid vehicles for a - 2 - long time is not justified. In the above circumstances, it will be open for the petitioners to file an application before the court of the Additional Chief Judicial Magistrate, Patna City for release of the aforesaid vehicles in question. In case such an application is filed within a period of three weeks, the same be considered in accordance with law. On considering the relevant documents with respect to the ownership of the vehicles in question and on being satisfied with the adequate security furnished by the petitioners, the aforesaid vehicles may be released in favour of the petitioners, subject to final outcome of the aforesaid criminal case and/or confiscation proceeding, if any. Such consideration be made in accordance with law within a period of four weeks on filing of the aforesaid application after serving a copy of the same on the counsel for the State. However, it is made clear that this Court has not gone into the merits of the case. With the aforesaid observations/directions, this writ application stands disposed of. As prayed for, let a copy of this order be handed over to the learned counsel appearing for the State. Let this order be communicated to the court of the Additional Chief Judicial Magistrate, Patna City in connection with Didarganj Police Station Case No.162/2010 through fax on the cost being deposited by the petitioners. PNM (Shailesh Kumar Sinha, J.)