Bhola Yadav & Anr vs State Of Bihar on 18 August, 2009

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Cr.Misc. No.27185 of 2008
    1. BHOLA YADAV, SON OF RAM BHAROSE YADAV, RESIDENT OF MOHALLA KATARI, P.S.
       CHANDAUTI, DISTRICT GAYA.
    2. DILIP YADAV, SON OF RAM BHAROSE YADAV, RESIDENT OF MOHALLA KATARI, P.S.
       CHANDAUTI, DISTRICT GAYA.
                                                       ----- PETITIONERS
                                      Versus
       THE STATE OF BIHAR
                                                       ----- OPPOSITE PARTY
                                   -----------

2 18.8.2009 Heard the parties.

Petitioners have challenged the order dated 1.3.2008 by

which the Court below has refused to release the trucks in question on

the ground that the confiscation proceeding are pending against the

petitioners under Section 7 of the Essential Commodities Act and

Sections 467, 468, 420 and 120B of the Indian Penal Code.

Learned counsel for the petitioners submits that

petitioner no. 1 had purchased the truck from petitioner no. 2 on

10.4.2007. It is stated that petitioner no. 2 has no objection if the

truck is released in favour of petitioner no. 1.

I accordingly direct that the Chief Judicial Magistrate,

Gaya should release the trucks in favour of the owner of the trucks

after verification of registration and ownership documents. The

release of trucks is subject to the confiscation proceedings and the

petitioners in whose favour the trucks are released are to produce the

trucks in question if there is any adverse order in the confiscation

proceeding.

The Chief Judicial Magistrate, Gaya may also impose

other conditions with respect to the release of the trucks such as an

undertaking that the petitioners will not transfer the trucks during the
2

pendency of the cases pending against them and that they would keep

the truck in a fit condition. Apart from which the petitioners would be

liable to produce the trucks in the criminal proceeding pending against

them as and when called upon by the Trial Court.

In the result this application is allowed and the Court

below is directed to release the trucks in favour of the registered

owner of the trucks subject to his own satisfaction.

Learned counsel for the petitioner is permitted to deposit

the cost of FAX for communicating this order to the Court of the

Chief Judicial Magistrate, Gaya in Bodh Gaya P.S. Case No. 80 of

2007.

Sanjay                                      (Sheema Ali Khan, J.)