IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.32275 of 2010 INDRA MOHAN JHA, S/O SRI RAM KRIPAL JHA AUTHORIZED REPRESENTATIVE OF TATA MOTORS FINANCE LIMITED C/O MAURYA MOTORS LIMITED AUTHORIZED DEALER OF TATA MOTORS LIMITED PLOT NO.C-1, INDUSTRIAL AREA, P.S. PATLIPUTRA, TOWN & DISTRICT- PATNA. ...PETITIONER Versus 1. THE STATE OF BIHAR 2. VINAY KUMAR SHARMA, S/O LATE JANGLI SINGH, RESIDENT OF VILLAGE-SHERPUR, P.S.-MANER, DIST.- PATNA, AT PRESENT MOHALLA-NORTH S.K. PURI, OPPOSITE A.N. COLLEGE GATE, BORING ROAD, PATNA- 800001 ... OPP. PARTIES ----------- 2 28.09.2010 Heard the parties. The petitioner seeks quashing of the order dated 19.5.2010 passed by the 7th Additional Sessions Judge, Muzaffarpur, in connection with Sessions Trial No.288 of 2009, by which he has refused to release the vehicle in favour of the petitioner. The petitioner, who is the financer of a vehicle Model-TATA VICTA EX bearing registration no. BR-1AP-3140, Engine No. 483DL51ATZ700036, Chassis no.446254ATZ901536 was seized in connection with Kazi Mohammadpur Police Station case no. 214 of 2006. The petitioner on coming to know of the 2 seizure moved an application before the Court below that the vehicle which was hypothecated to the petitioner be released in his favour since the entire loan amount had not been repaid by the accused Vinay Kumar Sharma. However, the Court below refused the same on the ground that the vehicle has been used in the crime and it has been seized from the possession of Vinay Kumar Sharma, who was the registered owner of the seized vehicle. Learned counsel for petitioner has placed reliance of a recent decision of the Hon’ble Supreme Court reported in 2010 AIR SCW 2967 (General Insurance Council & Ors. Vs. State of Andhra Pradesh and Ors.)wherein certain directions have been given by the Hon’ble Supreme Court in favour of the insurers for release of the vehicles seized in various type of the cases. Learned counsel submits that the principles would be the same with regard to the financer, and therefore, the same should have been followed by the Court below. In view of such, this application is allowed and it is ordered that the vehicle Model-TATA VICTA EX bearing registration no. 3 BR-1AP-3140, Engine No.483DL51ATZ700036,Chassis no.446254ATZ901536 be released in favour of the petitioner on the surety to be fixed by the court below and on such terms and conditions as it may deem fit and proper. However, in case at any stage there is dispute with regard to the ownership of the vehicle in question by the loanee, this order shall not come into the way of his rights. Application stands allowed. Ashwini (Anjana Prakash, J.)