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2016 Supreme(Pat) 1055

HEMANT GUPTA
Zahir Abbas – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ram Adya Singh.
For the Respondents: Mr. Anil Kumar Sinha, Mr. Akhileshwar Pd. Singh and Mr. Ranjan Kumar Sharma.

JUDGMENT :

HEMANT GUPTA, J.

1. The petitioner has claimed that his Bolero vehicle bearing registration No. BR-22P - 4256 has been possessed by respondent nos. 5 and 6 and, therefore, a direction is sought from this Court for production of the said vehicle before the court of the learned Chief Judicial Magistrate, Bettiah in connection with Bettiah Mufassil P.S. Case No. 525 of 2014 and to be released in favour of the petitioners father who is the registered owner.

2. As per the petitioner, one Bolero vehicle bearing registration no. BR-22 P - 4256 was purchased on 03.02.2012 at the cost of Rs.5,44,000/- in the name of the father of the petitioner. Father of the petitioner gave Rs.2.50,000/- to respondent no. 6 and the rest of the amount of Rs.2,94,000/- was financed by respondent no. 5. As per the petitioner, the vehicle was purchased on the basis of hire purchase agreement.

3. As per the petitioner, the loan amount has been paid along with interest thereon but some more money was demanded when "No Objection Certificate" was sought by the petitioner. It was further alleged that on 01.12.2014 when the petitioner went to Khasuar on the aforesaid Bolero to attend a marriage ceremony under

















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