Advocates:
['Binod Kumar', '', 'DEEPANJALI GUPTA', 'PARTHA SARTHY GA', '', 'Alok Kumar', 'Priya Gupta', 'Dayanand Singh', 'Nagadeo Choubey']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1026 of 2016

Arising Out of PS.Case No. -406 Year- 2015 Thana -Madhubani District- MADHUBANI

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Indrajeet Kumar s/o Bharat Prasad resident of vilage - Bhelwa Tole, P.O. & P.S. -

Jay Nagar, District - Madhubani

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Superintendent of Police, Madhubani.

3. The Officer in charge, Town Thana- Madhubani

4. M/S R.K. Finance Limited, 19, R.N. Mukherjee Road, Kolkata- 700001.

5. M/S Guinea Motors Pvt. Ltd. Corporate Office at Anandpuri, West Boring Canal

Road, Patna-1.

6. The Branch Manager, M/S Guinea Motors Pvt. Ltd. Anandpuri, West Boring

Canal Road, Patna-1.

7. Sri Sanjay Jha S/o Not known residing at Baba Parking Chai, Mohalla-

Bhikhanpura, P.O. & P.S.- Bhikhanpura, District- Muzaffarpur said to have been an

Employee of M/S Zenith Finance Pvt. Ltd., Muzaffarpur, District- Muzaffarpur.

.... .... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Kameshwar Prasad Gupta, Adv.

Mr. Binod Kumar, Adv.

Smt. Deepanjali Gupta, Adv.

For the Respondent no.4 : Mr. Alok Kumar Agrawal, Adv.

For the Respondent no.5 &6 : Mr. Amaresh Kumar Sinha, Adv.

For the State : Mr. Utsav Kumar, AC to GA-4

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

ORAL JUDGMENT

Date: 15-01-2018

Heard learned counsel for the petitioner and learned

counsel representing the State as well as learned counsel representing

the respondent nos. 4, 5, 6 and 7. The respondent no.7 who is the

recovery agent of respondent no.4 has chosen not to file any counter

affidavit. Learned counsel representing respondent no.4 has filed

vakalatnama on behalf of respondent no.7.

Patna High Court Cr. WJC No.1026 of 2016 dt.15-01-2018

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2. Petitioner in the present case is seeking release of his

four wheeler motor vehicle namely Safari bearing Reg.No.BR-32

G7733. It is the case of the petitioner that the vehicle in question was

purchased from Guinea Motor Pvt. Ltd., Boring Canal Road, Patna

through M/S R.K. Finance Ltd. (respondent no.4) for a total price of

Rs.7,88,752/- against which the petitioner paid Rs.3,80,265/- on

07.05.2012 in cash and rest of the amount was financed by M/S R.K.

Finance Ltd. (respondent no.4). The financial assistance provided to

the petitioner was required to be refunded in 32 equal monthly

installments of Rs.21,000/-.

3. It is the specific case of the petitioner that initially

he was given to understand that there shall be rebate of Rs.40,000/-

and interest is payable only at the rate of 9% per annum, therefore

believing this assurance petitioner got loan from the Finance

Company, but later on the said rebate was not given and interest rate

was also enhanced which led to a dispute between the petitioner and

the Finance Company. It is alleged that on 22.06.2015 while the

petitioner was coming from Jainagar to Patna from his Safari vehicle,

as soon as he reached Madhubani near petrol pump, one muscleman

namely Sanjay Jha (respondent no.7) along with four unknown young

persons stopped the vehicle and forcibly snatched away the same

handing over a forgery seizure list introducing themselves as the

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employees of Finance Company. It is further alleged that they also

threatened the petitioner of dire consequences. This was informed to

the local police and S.P., Madhubani, but they did not take any

response. The petitioner thereafter filed a complaint case bearing

C.R.No.1135 of 2015 in the court of learned C.J.M., Madhubani on

28.8.2015 which was forwarde