IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.18404 of 2007 ***** Ajay Kumar Jha, Son of Late Surya Kant Jha, resident of village- Sakara, Police Station-Hisua in the district of Nawadah. …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- For the Petitioner : Mr. Akhileshwar Prasad Singh, Advocate Mr. Sunil Kumar Singh, Advocate Mr. Bimal Kumar, Advocate For the State : Mr. Jharkhandi Upadhyay, A.P.P. ------------ 10. 8.5.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The present application is directed against the order dated 5th December, 2006 passed by Sri Basant Kumar Dikshit, Additional Sessions judge, Fast Track Court-Vth, Gaya in Cr. Revision No. 37 of 2006/95 of 2006, by virtue of which the prayer of the petitioner to set aside the order dated 2.9.2006 passed by Sri D.S.Srivastava, Judicial Magistrate, 1st Class, Gaya in Gaya Mufassil P.S. Case No.55/2006 have refused to release the Tata 407 Maxi in favour of the petitioner. The short story is that the Tata vehicle of the petitioner was operating as a maxi-taxi with registration no. WB-23A/1632, the chassis number and engine number are indicated in paragraph 3 of the petition. The vehicle was hired for going to Rajgir for certain purpose. Subsequently, it seems that the driver, the contractor and cleaner were assaulted and put out of the bus and the bus looted by the hirers, for which effort was made to lodge a police case but since the police showed reluctance a Complaint Case No.156/2006 came to be registered against - 2 - certain named accused. The subsequent development is that on 6.3.2006 a Tata 407 msxi-axi having registration No. BR-1P-0760 was seized by Gaya Mufassil Police Station and three persons were taken into custody on suspicion of being in possession of a looted vehicle. The police case, namely, Gaya Mufassil P.S. Case No.55/2006 came to be registered against the persons under Section 414 of the Indian Penal Code. Though the name of the owner was disclosed as one Sanjay Singh of Pandu Chak, Police Station-Rajgir by the driver but it seems nobody turned up to claim the vehicle. Petitioner learnt about the said case, made enquiries and being satisfied about the fact that the vehicle in question was actually his vehicle filed a petition before the Court of Chief Judicial Magistrate on 15.4.2006 praying for release of his vehicle in his favour. The report was called and the report indicated some reflection of the claim of the petitioner but some discrepancy also remained with regard to the registration number being used on the vehicle. Be that as it may the Judicial Magistrate was not inclined to release the vehicle in absence of his being fully satisfied with regard to the vehicle belonging to the petitioner. The revisional Court also concurred with the decision of the Judicial Magistrate and in that background the present application under Section 482 of the Code of Criminal Procedure has come to be filed. Submission of learned counsel for the petitioner is that there is enough indication from the report of the police, the report submitted by the forensic laboratory and the documents in possession of the petitioner, that prima facie, the vehicle in question though stolen belonged to him. - 3 - Further the vehicle is lying with the police under open sky and the vagaries of nature and scorching sun has caused its own damage but the petitioner is still willing to take custody of the said vehicle after depositing the security in this regard. He submits that no purpose will be served by allowing the vehicle to rot in the open in the Police Station. The Court is in agreement after verification of the material on record and also records that the vehicle if it is stolen one will never carry the registration number which will be true number. The fact also stands corroborated that on verification the registration number of the vehicle at the time of seizure bears that of a auto-rickshaw registered at Patna but the chassis number tallies with the one’s which is reflected in the owner book with a minor variation that number 3 out of the serial has not been recorded because of a nut being tightened over the plate, which has hidden the number 3 from the chassis. Be that as it may, let the vehicle in question be released in favour of the petitioner on furnishing security of Rs.50,000/- in the Court below and the said vehicle shall be released in favour of the petitioner with a direction that as and when an appropriate direction is issued to the petitioner he shall cooperate with the trial Court in this regard. It is also recorded that the petitioner shall neither sale or alienate the vehicle till the proceeding in Gaya Mufassil Police Station Case No.55/06 comes to an end or without the leave of the Court. The application stands allowed. Pawan/- (Ajay Kumar Tripathi, J.)