IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4081 of 2010 SARITA DEVI W/O SATYENDRA KUMAR R/O VILL DEGAON, P.S. KHIZER SARAI,DISTT-GAYA. ……..PETITIONER. VERSUS 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE GAYA. 3. THE SUPERINTENDENT OF POLICE GAYA. 4. THE OFFICER -IN CHARGE BUNIYADGANJ P.S.,DISTT- GAYA. …..RESPONDENTS. ----------- For the petitioner : Mr. Manish Kumar, Advocate. For the respondents : Mr. Amaresh Kumar, A. C. to G.P. 18. ------------ 12/ 07.03.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for directing the respondents-authorities, especially the District Magistrate, Gaya, to release the Pickup Van bearing registration no.-BR-2F-3572 in favour of the petitioner which was seized by Buniyadganj Police Station in Buniyadganj P.S.Case no.84 of 2008 along with two other vehicles as in all of them several bags of wheat and rice were loaded. 3. Learned counsel for the petitioner produces order dated 03.06.2009 passed by the District Magistrate, Gaya by which two of the vehicles were released and only the vehicle in question in this writ petition remained seized. 4. Considering the entire facts and circumstances of the case as well as the arguments of the parties and the materials on record, it is quite apparent that there is absolutely no justification - 2 - for keeping the said vehicle seized as keeping the vehicle in police custody for a long period tends to damage the vehicle beyond repair, whereas the prosecution will also not gain anything except that some of its space would be unnecessarily occupied by the said vehicle. Thus, keeping the vehicle seized would not be for the benefit of the parties. 5. In the said circumstances, this writ petition is disposed of with a direction to the respondents, especially the District Magistrate, Gaya to release the aforesaid vehicle immediately in favour of the petitioner after verifying the papers and after receiving proper security in that regard. Sunil (S. N. Hussain, J.)