Research › Browse › Judgment

Patna High Court · body

1993 DIGILAW 29 (PAT)

Maheshwar Jenko v. State Of Bihar

1993-01-25

H.N.SAHAY, OM PRAKASH

body1993
Judgment Om Prakash and H.N.Sahay JJ. 1. Heard learned counsel for the petitioner and J.C. to S.C. No.1. 2. It appears that F.I.R. was lodged by the petitioner against one Dilip Kumar Senapati alleging that Dilip practised fraud upon him (the informant) and got a so-called agreement to sale his vehicle No. BEP 9898 executed after administering liquor. The chief Judicial Magistrate released the vehicle in favour of the petitioner by an order dated 9.1.1992 3. Thereafter, Dilip Kumar Senapati filed a petition dated 24.1.1992 for releasing the vehicle in his favour. By an order dated 12.2.1992 the Chief Judicial Magistrate considered it proper to get the vehicle produced before him by thy informant i.e. the petitioner. The petitioner could not produce the vehicle on the date fixed, i.e. 20.2:1992. Consequently, by an order dated 20.2.1992 the security bond furnished by the informant at the time of release of the vehicle was cancelled and the amount of the bond was forfeited and notices were issued to the surities. The Officer-in-charge was directly to receive the vehicle and prepare a regular seizure list. 4. It further appears that the petitioner moved the Sessions Judge in Criminal Revision No. 12/ 92 against the above forfeiture and succeeded. 5. Learned counsel for the petitioner has submitted that consequent upon the above order, the said vehicle is in police custody and is lying in open in the Police Station. It is a commercial vehicle plied as a Taxi. In the circumstances, the petitioner has moved this court for release of the vehicle. 6. On the facts and circumstances, we consider it fit and proper to order for release of the vehicle in favour of the petitioner on the bond executed earlier and to direct the Chief judicial Magistrate, Jamshedpur, to hear and dispose of the petition of Dilip Kumar Senapati dated 24.1.1992 in accordance with law, we, therefore, order accordingly. 7. Such release shall be subject to the order to be passed by the Court below on petition dated 24.1.1992. 8. The petition is disposed of as above.