Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10902 of 2013 ====================================================== Chandan Kumar S/o shri Janak Pd. Singh, resident of village Bathahi, Police Station-Jandaha, District-Vaishali. .... .... Petitioner/s Versus 1. The State Of Bihar Through The Chief Secretary, Bihar, Patna . 2. The Chief Secretary, Bihar, Patna. 3. The Principal Secretary, Department of Home, Bihar, Patna. 4. The Senior Superintendent of Police, Muzaffarpur. Respondents Ist set 5. Smt. Sadhna Singh, daughter of not known to the petitioner, at present posted as Officer in charge, Motipur Police Station, Dist. Muzaffarpur. 6. Shri Vishwanath Singh son of not known to the petitioner, at present posted as Sub Inspector of Police, Motipur Police Station, Dist. Muzaffarpur
Legal Reasoning
7. Shri Nand Kishor Pande S/o shri Amir Pande, resident of village Upadhyaya Tola, Police Station Chanpatya, District West Champaran. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Navendu Kumar, Advocate. For the Opposite Party/s : Ms. Indu Bala Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 4 15-04-2013 Petitioner is the owner of passenger bus bearing registration mark/number BR 06 PA-3155. Registration documents as well as Insurance document relating thereto have been brought on record by the petitioner. The registration certification in respect of the said vehicle is Annexure-1. The Insurance document of the said vehicle is part of Annexure-2. An FIR was lodged on 19.11.2011 by one Nand Kishore Pandey alleging therein that on the relevant date and time he was travelling on the said bus. It is alleged that the bus stopped at Patna High Court Cr.Misc. No.10902 of 2013 (4) dt.15-04-2 2/5 one place where he ate biscuit. After consuming the same he lost his sense. The accused persons robbed him of his belongings. The informant suspected the hands of the driver, conductor and khalasi of the said bus. The passenger bus of the petitioner was seized in connection with the said case. It is the case of the petitioner that no formal seizure of the bus has been made as yet the said bus has been illegally detained by the Investigating Officer. In such circumstance, he approached the Court of learned Sub Divisional Judicial Magistrate, West Muzaffarpur in the said case being Motipur P.S. case no. 225 of 2011 for directing release of the vehicle. Consideration of the said application was deferred on the ground that accused(s) of Motipur P.S. case No. 225 of 2011 had not appeared. The said prayer was again pressed by the petitioner before the said Court which was again refused by order dated 01.10.2012. Aggrieved thereby the petitioner approached the revisional Court by filing Cr. Revision no. 224 of 2012. The matter was considered by 9th Additional Sessions Judge, Muzaffarpur, who, by impugned order dated 07.12.12, dismissed the said application. Reasons for such dismissal has been culled out in para 2 which reads thus:- “2. This case was registered against the driver, conductor and Khalasi of the said Bus and others on fardbeyan of one Nand Kishore Pandey with allegation of Patna High Court Cr.Misc. No.10902 of 2013 (4) dt.15-04-2 3/5 administering theft of his ornaments, mobile and others after intoxication. Investigation is going on and the petition of release has been filed by the owner Chandan Kumar, denying the allegation against the driver and conductor and has not disclosed the details of the driver and conductor who were on duty at the day and time of alleged occurrence and owner has also not co- operating the investigation for which is legally bound.” A supplementary affidavit has been filed on behalf of the petitioner. Paragraph no.3 thereof is extracted hereinbelow:- “3. That this supplementary petition is being filed for furnishing names with parentage of the accused persons, i.e., driver and conductor of the bus, in the Motipur P.S. case No. 225/2011, as per order of this Hon’ble Court. There was no khalasi employed on that bus under the knowledge of the petitioner. The details of i.e, driver and the accused persons, conductor of the bus are as follows:- (i) Surendra Kumar @ Golu Jha, Mohalla- Office- Post Station- Police (Driver) S/o Tarakant Nayatola, Kumharar, Bahadurpur Housing Agamkuan, District-Patna. (ii) Deepak Kumar (Conductor) S/o Balli Tiowari, village Bakarpur, Police Station-Sadar, District- Vaishali.” Learned counsel for the petitioner submits that the Court below has refused to consider and grant the relief on the ground which is/are alien to such consideration. Admittedly, the passenger bus belonging to the petitioner is not involved in any Patna High Court Cr.Misc. No.10902 of 2013 (4) dt.15-04-2 4/5 manner in the said occurrence. The title of the petitioner to the said bus is also not under challenge. In such circumstance, the refusal by the Court below in directing release of the bus in favour of the petitioner is contrary to law as well as diverse decisions of this Court as well as the Apex Court. In this connection, he has relied on the case of Sunderbhai Ambalal Desai & Anr. Vs. State of Gujarat AIR 2003 (SC) 638. Learned counsel for the petitioner submits that petitioner is ready to furnish bond and an undertaking to present the vehicle as and when required by the Court / Investigating Officer. Learned counsel for the State has also submitted that the prayer of the petitioner has been refused by the Court below on the ground that the accused(s) named in the FIR (employees of the petitioner ) have not appeared and the petitioner who is expected to know details of his staffs has not furnished those details as yet. In my view, learned Court below ought not have refused consideration of the prayer made by the petitioner on the ground that the details of the accused have not been furnished by the petitioner. Be that as it may, now the petitioner has brought on record the details of his staff employed to run the said bus by filing supplementary affidavit. This Court is not aware whether a Patna High Court Cr.Misc. No.10902 of 2013 (4) dt.15-04-2 5/5 formal seizure of the bus was made in the present case or not. However, it appears from the materials on record that the bus is not in possession of the petitioner and the same is lying with the Investigating Agency. Regard being had to the above, this Court directs the learned Sub Divisional Judicial Magistrate, West Muzaffarpur to consider and dispose of the application of the petitioner seeking release of the bus on his furnishment of security and appropriate undertaking within 10 (ten) working days from the date of production/receipt of certified copy of this order.
Decision
The application is disposed of. (Kishore Kumar Mandal, J) Shyam/-