IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35994 of 2005 TUNTUN SINGH JAIRAMPUR, JHARIYA, DHANBAD. VERSUS 1. STATE OF BIHAR 2. AMIT KUMAR, SALES EXECUTIVE, E.I.I.,LTD, BASERA COMPLEX, DHANABAD 3. MANTU SINGH, CHILBILA, DARIBAL, ROHTAS. ----------- 20. 26.03.2010. No one appears for the petitioner. State counsel is present. Petitioner has come to this court for quashing order dated 19.8.2005, passed by Chief Judicial Magistrate, Rohtas at Sasaram in GR case no. 207 of 2004, by which the release petition dated 6/7/2005 of his vehicle (Maxi) being Registration no. JH 09A/ 6866 has been rejected. It is averred in the writ petition that Finance company has forcibly seized the vehicle on the ground of non fulfillment of its installments. Referring to para 3 of brief, he submits that the vehicle had been purchased on hire purchase basis on 12.10.2001 from Industrial Enterprises Ltd., Basera Complex, Ashok nagar, Dhansar, Dhanbad on 35 installments of Rs. 13,000/- per month as per agreement with Telco Ltd. It is further stated that accused persons forcibly took away the vehicle and assaulted the petitioner for which Complaint case no. 1357 of 2003 has also been filed before the Chief Judicial Magistrate, Rohtas, Sasaram giving rise to Nokha Police Station case no. 23 of 2004 dated 8.2.2004 u/s 406,420,307,379/34 I.P.C. It is also stated that release petition dated 12.3.2004 had been rejected on the ground that tax has only been paid up to 11.4.2002. I.O. in the meantime - 2 - submitted final form in aforesaid case, whereafter he again filed petition for release of his vehicle which has again been refused vide order dated 19.8.2005 on the ground that the tax has been paid only till 31.8.2005. He further submits that the vehicle in question had been financed by Enar Industrial Enterprises limited, Branch Western Avenue, Bokaro Steel City and at the time of finance Rs. 95,000/- was paid by the him and later on petitioner paid the installments for Rs.2,39,000/- on different dates. In the facts and circumstances of the case, the matter is remanded to the Chief Judicial Magistrate, Rohtas at Sasaram for fresh consideration after giving opportunity of hearing to both sides. The writ petition stands disposed of with the aforesaid directions. Shashi. (Samarendra Pratap Singh,J.)