IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1144 of 2009 Ram Janam Kunwar, son of late Fakirchand Kunwar Resident of village Tarira, P.S.. Mohiuddin Nagar, District Samastipur, Bhar at present residing at Bus stand Jakkanpur/Mithapur P.S. Jakkanpur, District-Patna Petitioner Versus State Of Bihar through Vigilance Cabinet Department Opp. Party ----------- 3 06-09-2011 This application has been filed against the order dated 19.06.2009 passed by the learned Special Vigilance Judge, Trap Cases, Patna in Spl. Case No. 48 of 2008 by which the prayer of the petitioner under section 457 of Cr. P. C. for release of his Commander Jeep bearing Registration No.BR 26A/9781 Chasis No. MA ICAGGK 61M49378 Engine No. GGR 61M 79582 has been refused. The main contention of learned counsel for the petitioner is that on 24.09.2008 a complaint made by one Rajesh Kumar of Sherghati, Gaya vigilance sleuths constituted a raiding party and trapped Raghuvansh Kumar while he was accepting bribe of Rs.50,000/- for Rajesh Kumar. At the time of trap and apprehending, the vigilance alleged to have recovered the said Commander Jeep from the vicinity of his residential premises. Thereafter, the vigilance P.S. Case No. 72 of 2008 was registered and charge-sheet was filed. During pendency of the trial of the case, the petitioner who is owner of the said Commander Jeep filed an application under section 457 of Cr. P. C. for release of the said Jeep which was 2 rejected by the impugned order. It is submitted that the petitioner is a retired army personnel and purchased the aforesaid Commander Jeep in 2007 to earn his livelihood. The aforesaid Jeep was seized by the vigilance team. On 24.09.2008, while the petitioner was returning Patna from Deo, his Commander Jeep started giving trouble, so he handed over his vehicle for repairing to accused, Raghuvansh Kunwar, who is co-villager of the petitioner, and at that time posted at Aurangabad. The petitioner returned Patna by bus. The petitioner undertakes to produce the Commander Jeep if and when required. It has further been submitted that the aforesaid jeep has been kept in the open at the vigilance Police Station, Patna and it is deteriorating day to day. Mr. Arvind Kumar, Law Officer, Vigilance, Patna has submitted that a disproportionate assets case has been lodged against the accused, Raghuvansh Kunwar bearing Vigilance P.S. Case No. 59 of 2009, if the aforesaid jeep has been confiscated in that case this jeep cannot be released. After hearing learned counsel for both the parties and on perusal of the impugned order, it appears that the aforesaid Commander Jeep has been seized in Special Case No. 48 of 2008 and a petition was filed by the petitioner for the release of the aforesaid vehicle. In reply thereto the Special Vigilance counsel has replied that he has no objection and the Commander Jeep may be released on undertaking and surety of Rupees Four Lakhs. However, the prayer for release of the vehicle was rejected by the learned Special Vigilance Judge as the Jeep and number plate are exhibits in 3 that case and it may affect the merit of this case. It does not appear that the vehicle has been seized in the aforesaid Disproportionate Assets case. It is also admitted fact that the vehicle has been kept in open sky and its value is deteriorating day to day. Considering the fact and circumstance of the case, in my view the impugned order is not sustainable. Accordingly, the impugned order is set aside and the learned Special Vigilance Judge is directed to get the Commander Jeep released in favour of the petitioner on the following conditions:- (i) the petitioner will produce the documents relating to its genuine owner. (ii) the petitioner will furnish a bond of Rs.4,00,000/- (Rs. Four Lakhs) with two sureties of the like amount and he will produce the vehicle if and when required by the police/court (iii) he will not change the nature and colour of the vehicle. (iv) the petitioner will not mortgage, sell or handover the vehicle to another person for any business. In the result, this petition is allowed. Ashwini/- (Amaresh Kumar Lal, J)