IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.686 of 2010 RAJ KUMAR YADAV . Versus THE STATE OF BIHAR & ORS . ----------- For the Petitioner : Mr.Ram Sumiran Rai, Advocate For the State : Mr.Mukund Mohan Jha, AC to SC 7 2 20.8.2010 The petitioner prays for release of his tractor and trailer bearing registration no.BR-21D-0613 which has been seized in connection with Asthawan P.S. Case No.125/09 dated 17.2.2009 for the offence under section 406/34 of the Penal Code. Learned counsel for the petitioner submits that a confiscation proceeding has also been initiated. He further submits that the petitioner has purchased the tractor and trailer after taking loan Counsel for the State submits that the food grains were carried on the tractor for black marketing. Without going into the merit of the case, this court finds that no useful purpose would be served by keeping the vehicle in question under seizure for a long time as it would be subject to decay also. Having heard counsel for the parties, this court observes that if the petitioner files an application before the District Magistrate, Nalanda for release of vehicle in question, the learned District Magistrate would release the tractor and trailer bearing registration no. BR-21D-0613 which was seized in connection with Asthawan P.S. Case No.125/09 dated 2 KHAN 17.2.2009, after being satisfied about the ownership of the vehicle, on furnishing adequate 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 application stands disposed of. Let this order be communicated to the District Magistrate, Nalanda through fax at the cost of the petitioner. (S.P.Singh,J)