IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.253 of 2010 DR. SHASHI KUMAR SINHA Versus STATE OF BIHAR,THRU.D.M.& ANR ----------- 02 27.09.2010 Heard learned counsel for the parties. The petitioner who is a practicing doctor in Dehri-on-sone has come to this court for a direction to respondent authorities for release of Rs.5,99,500/-, and Rs.1 lakh, placed under saving deposit as well as his Mobile set, which are under custody of trial court in connection with Sessions Trial No. 245 of 2006. The petitioner was kidnapped for ransom on 7.2.2006 when he was going to his clinic at Tilauthu from his Station Road residence, Dehri. He was accompanied by his driver, namely, Salauddin. In the meantime, he was kidnapped by accused persons for ransom for which his wife lodged Dehri (Town) Police Station Case No. 27 of 2006 u/s 364 I.P.C. Accused persons demanded Rs. 12 lakh and on payment of the said amount he was set at large by accused persons. Police too laid a trap and caught one Desh Deepak Kumar Vihangam and Kanhaiya Lal. Accused Desh Deepak Kumar Vihangam confessed receipt of money and petitioner’s son too identified him as a man who accepted the said amount in Ranchi. On his statement, Rs. 5,99,500/- in cash, Pass Book no. 1271363 of Mahendru Post Office, Patna having mentioning of receipt of Rs.1 lakh, and a mobile set were recovered from his room. Trial proceeded and by order and judgment dated 25.5.2006, the learned Sessions Judge, Rohtas at Sasaram convicted all the nine 2 accused persons. The trial court attached the aforesaid amount of Rs. 5,99,500/- and Rs. 1 lakh and directed the State Government to return the same to the petitioner. He filed several petitions before the trial court for a direction to the Government for release of the aforesaid amount but no order was passed. Petitioner also filed Cr.W.J.C.No.474/2007 for release of said amount which was disposed of vide order dated 21.11.2007 directing him to renew his prayer before the court below. In view of order of this Court dated 21.11.2007, he again filed a petition before the court below but it did not pass any positive order observing that as the matter has already been disposed of finally, the Court has become functus officio having no jurisdiction to pass any order. So petitioner has filed the instant writ petition. Convicts of the instant case filed 9 Cr. Appeals which were heard together. Except for appeal filed by Santosh Kumar @ Santosh Kumar Gupta vide 615/2006 all others were dismissed. State has filed counter affidavit submitting that there is no direction by the Trial Court to the Government to make payment of aforesaid amount to the petitioner. The submissions of the State Counsel seems misconceived. In last paragraph of judgment dated 25.5.2006 of Trial Court passed in Sessions Trial No. 245/06, it has been directed as follows:- It is further ordered that the out of the aforesaid amount of fine, as well as the recovered amount of Rs. 5,99,500/- including 1 lakh of T.D. account, Rs. 12 lakh shall be returned to the victim doctor, namely, Shashi Kumar Sinha as amount which have been taken by the convict as ransom amount and Rs. 2 lakh shall also be paid to one of the victim doctor Shashi Kumar Sinha and Rs. 1 lakh to another victim Salauddin as compensation and rest amounts of fine shall be deposited I the account of the State Government. 3 In view of direction of the trial court, the counter affidavit filed by the State stating that there is no direction for payment of said amount to the petitioner does not seem to be correct. In the circumstances, I direct the State respondents to return a sum of Rs. 5,99,500/- and Rs. 1 lakh which was recovered from accused having been extorted as ransom to the petitioner within a period of two months from the date of receipt/production of a copy of this order Liberty is granted to the petitioner to pursue remedy for recovery of fine etc. if so advised, which would be dealt in accordance with law. The writ petition stands disposed of accordingly. Anjani (Samrendra Pratap Singh,J.)