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IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA
Chandan Kumar Akela, Son of Tarkeshwar Ray – Appellant
Versus
State of Bihar through the Chief Secretary, Government of Bihar Patna, Bihar – Respondent
| Table of Content |
|---|
| 1. petitioner seeks release of seized vehicle and quash fir. (Para 2 , 3 , 4) |
| 2. arguments presented by both parties regarding vehicle seizure. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. analysis of procedural compliance under rule 60 of 2019 rules. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. court's decision on maintaining fir and vehicle seizure. (Para 24 , 25 , 26) |
| 5. orders for release of vehicle on penalty payment. (Para 27 , 28) |
JUDGMENT :
The petitioner has filed the present writ petition seeking following reliefs :
“(i) To issue an appropriate writ in the nature of mandamus or any other writ(s), order(s), direction(s) for issuance of direction to the respondent authorities to release the Vehicle i.e. a Diesel TATA Truck bearing registration number as BR04GA8399, Chasis No.- MAT466416B2N25750 in favor of petitioner, which was seized by Respondent no.-4.
(ii) To issue an appropriate writ in the nature of mandamus or any other writ(s), order(s), direction(s) to the concerned respondent to cancel/quash the F.I.R. lodged as Awatarnagar P.S. Case No.-42/2024 dated 22.02.2024 under Section 379 , 411 of The Indian Penal Code and Section 4 of MMDR Act and
Discretion in enforcement procedures allows alternative methods of measurement under exigent circumstances, affirming the legality of seizure and penalty despite procedural lapses.
The detention of seized vehicles must adhere to procedural due process; prolonged retention without recourse violates rights to property and livelihood, justifying release.
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.
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