IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11852 of 2009 GOPAL PRASAD SULTANIA, son of late Purushottam Lal Sultania, resident of Marwari Mohalla, P S – Begusarai Town, District – Begusarai. Versus 1. THE STATE OF BIHAR. 2. Officer-in-charge of Ujiarpur Police Station , District – Samastipur. ----------- 04. 24.12.2009 The prayer in the present writ application is for release of the tanker bearing No. BR-9E-3924 which was seized on 9.8.2009 on the basis of institution of Ujiarpur P S Case No. 122 of 2009 under several sections of the Indian Penal Code, primarily sections 379, 414 and 420. Submission of the learned senior counsel for the petitioner is that the petitioner is not only the owner of the tank lorry in question but is a registered transporter with the Indian Oil Corporation and the tank lorry carried 12000 litres of diesel for supply to the E. C. Railways, Muzaffarpur. The seizure has been effected on some kind of suspicion or misplaced institution of a case. The petitioner is willing to contest the matter and take it to its logical end but it will serve nobody’s purpose if the said tank lorry along with seized diesel remains under open sky in the police station. Looking at the allegation coupled with the willingness of the petitioner to abide by the terms and conditions which will not in any way frustrate the trial of the case, let the said tanker namely, BR- 9E-3924 along with the diesel seized be released in favour of the petitioner on producing proper ownership documents in this regard, on reasonable security. The petitioner would be bound by the terms and conditions which may be laid down by the court of SDJM, - 2 - Dalsingsarai, Samastipur, which is in relation to Ujiarpur P S Case No.122 of 2009. The writ application stands allowed. Let this order be communicated to the court of SDJM, Dalsingsarai, Samastipur by fax, as prayed for, on the cost of the petitioner. rkp (Ajay Kumar Tripathi, J)