IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.436 of 2009 NALIN NAYAN s/ of late (Dr.) Rajeshwari Prasad, resident of Mohalla- 17, K.P. Lane, (Mcleodganj),P.S. Town Kotwali, District- Gaya. Versus 1. STATE OF BIHAR. 2. Binay Shankar Prasad, Constable no. 290 through D.G.P., Bihar, Patna. 3. Branch Manager, Canara Bank, Bazaza Road Branch, Gaya. 4. I.G. Railway,Patna. 5. S.P., Railway,Patna. ----------- For the Petitioner : Mr. Rajiv Nayan For the State : Mr.A. Amanullah,S.C.-17. 2 7.12.2009 Petitioner’s truck was intercepted with certain alleged railway property. A case was instituted against the owner of the truck and the driver of the truck. Truck along with alleged railway property was seized and a case under Section 414 IPC read with Section 3 of the Railway Properties ( Unlwful Possession ) Act was instituted. Petitioner alleges that in course of investigation the petitioner’s role was investigated and nothing criminal was found so far as petitioner is concerned. Final form in the shape of chargesheet was submitted against the driver of the truck. Since the case has been pending before the learned Railway Magistrate, Patna for over 17 years , not even cognizance has been taken. In the meantime, petitioner came to this Court and got released the truck on furnishing, inter alia, Bank Guarantee of Rs. 25,000/- to the satisfaction of the trial Court. Petitioner has now moved the learned Railway Magistrate for releasing the Bank Guarantee for which he is incurring heavy loss in keeping it renewed that too was 17 years long. 2 In my view, petitioner must make a detailed application before the learned Railway Magistrate, Patna in terms of Section 451 Cr.P.C., who would dispose of the same within one month of the application being filed by a reasoned order in accordance with law. With the aforesaid observation and direction, this application stands disposed of. Singh (Navaniti Prasad Singh, J.)