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IN THE HIGH COURT OF JUDICATURE AT PATNA
BIBEK CHAUDHURI
Shankar Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
BIBEK CHAUDHURI, J.
1. The above-mentioned writ petitions involve the same fact and question of law; therefore, the aforesaid writ petitions are taken up together for hearing and being disposed of by a common judgment.
Cr. W.J.C. No. 433 of 2024
2. The petitioner has filed the instant writ petition praying for the issuance of a writ in the nature of certiorari quashing the order dated 24th June 2023 passed by the learned Additional Sessions Judge, Sherghati, Gaya, in Sessions Trial No. 500/23/1245/2023 arising out of Sherghati Barachatti P.S. Case No. 854/22 with a further direction commanding the respondent authorities to release a Bolero vehicle bearing registration no. BR02Y6584 owned by the petitioner, which was seized by the Investigating Officer of this case in connection with the above- mentioned P.S. Case under Section 395 of the IPC. One Jugesh Kumar Mahto, driver of a bearing registration no. JH02AM 2760, submitted a written complaint before the SHO Barachatti P.S. on 22nd August 2022, stating, inter alia, that he was driving the car towards Uttar Pradesh after loading coal at Topa in the State of Jharkhand on 21st September 2022 at about 11:00 PM; the driver of
Vehicles seized in criminal investigations may be released if the owners are not implicated in the crime, provided they execute a bond ensuring proper care and appearance when required.
The main legal point established in the judgment is the power of the Mining Engineer to seize the vehicle and the authority of the concerned Magistrate to release the seized vehicle under certain con....
The concerned Magistrate has the power to release the vehicle under Sections 457 Cr.P.C. unless the goods/vehicle have been confiscated. Prompt exercise of powers under Section 451 Cr.P.C. is importa....
Seized vehicles must be released to owners unless confiscation proceedings are initiated; conditions include deposit of bank guarantees and ensuring no illegal use.
An owner claiming innocence can request release of a seized vehicle under NDPS Act, provided they prove lack of knowledge about its illegal use, subject to security conditions.
The main legal point established is that under Section 457 of Cr.P.C., a court may allow the interim release of a seized vehicle with specific conditions, considering the practical problems faced by ....
Judicial orders must reflect application of mind and provide reasons; the Magistrate has jurisdiction to release vehicles not used for transporting illicit goods.
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