IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.806 of 2010 MUKESH BAJAJ SON OF SRI MEHAR CHAND BAJAJ, RESIDENT OF 6 BARA BAZAR, P.S. JHUNI INDORE, DISTRICT INDORE (MADHYA PRADESH) Versus STATE OF BIHAR & ANR ----------- For the Petitioner : Mr. Prabhat Ranjan-I, Advocate For the State: A.C. to AAG 3 3 25.10.2010 The petitioner prays for release of Tata Truck bearing registration no.MP-09KD-7371, Engine No.050K62430195, Chassis No.426031KUZ748896 which was seized in connection with Phulparas P.S. Case No.43 of 2010 registered under sections 414/34 of the Penal code. The petitioner submits that he is the owner of the aforesaid truck which was carrying Betel Nuts duly transported by the consignor M/s Roy Traders, Sareng Patty, Alipurduar, District Jailpaiguri and was having all the relevant papers with respect to the aforesaid truck. Learned counsel for the petitioner submits that pursuant to the aforesaid case, convoys of 8-9 trucks were seized as one of the trucks damaged the welcome gate erected by the supporters of a former M.P. The other owners of the trucks moved this court in Cr.W.J.C.No.465 of 2010 & its analogous cases and this court by order dated 20.7.2010 released the trucks in question on furnishing adequate security; a copy of the order is at Annexure-4. Learned State counsel submits that the truck in question may only be released after proper verification of the 2 KHAN documents and on deposit of adequate security. As the matter relates to release of the truck, this court finds that no useful purpose would be served by keeping the aforesaid truck under policy custody. In the circumstances, if the petitioner files an application before the A.C.J.M., Jhanjharpur for release of the truck bearing registration no. MP-09KD-7371, Engine No.050K62430195, Chassis No.426031KUZ748896 which was seized in connection with Phulparas P.S. Case No.43 of 2010, the learned Magistrate would release the same in favour of the petitioner or his power of attorney holder after being satisfied about the ownership of the vehicle and on furnishing security/bond to his satisfaction. It is made clear that the release of the vehicle in question will be subject to the result of the confiscation case and/or the criminal proceedings. With the aforesaid observations and directions, this writ petition stands disposed of. Let this order be communicated through fax at the cost of the petitioner. (S.P.Singh,J)