IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.8456 of 2008
MUKESH KUMAR S/O- SRI HIRA LAL PRASAD R/O- OF MOHALLA
HINDRI BAZAR, P.S.- MOTIHARI TOWN, DISTT. EAST CHAMPARAN
Versus
1. THE STATE OF BIHAR
2. B.N. TRIPATHI, INSPECTOR, OF POLICE CUM OFFICER-IN-
CHARGE BRAHMPURA, P.S.- BRAHMPURA, DISTT-
MUZAFFARPUR.
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3 01.10.2010 Heard both sides.
Petitioner is aggrieved by the order dated 10.5.2004
passed by learned Judicial Magistrate, 1st Class, Muzaffarpur in
G.R. case no. 2211/2001 (Tr. No. 580 of 2001) whereby his
application seeking release of the silver coins/ornaments and
cash has been rejected. He is also aggrieved by order dated
24.4.2007 passed on his Cr. Rev. no. 117 of 2004 whereby the
order of learned Judicial Magistrate, 1st Class, has not been
interfered with.
The petitioner claims the aforesaid silver
coins/ornaments as also the cash which allegedly was/were
found in his possession while riding a jeep. At the time of seeking
bail, the petitioner led his claim over those seized silver
coins/ornaments and cash. Initially provisional bail was granted to
him and a report about the verification of his claim was directed to
be submitted by the Investigating Officer. On submission of the
report, his provisional bail was confirmed by order dated
15.1.2002 which reads as follows:
“Accused Mukesh Kumar, Raj Kishore Singh
and Pramod Kumar surrendered before the court
and a petition has been filed on their behalf with
a prayer to confirm the bail of the petitioner which
2was granted to him.
Heard Sri N.K. Verma the learned Advocate
appearing for the petitioner and the A.P.P. and
perused the record as well as report of the I.O.
on the point of verification of the receipts as
ordered on 23.11.2001 by which the petitioner
were granted bail. It has been submitted on
behalf of the petitioners that it has been found by
the police that the receipts are genuine and
property belong to the petitioners and therefore it
has been prayed that the provisional bail granted
to the petitioner be confirmed.
On the other hand, the learned A.P.P.
concedes the prayer made on behalf of the
petitioner and hence the provisional bail granted
on 23.11.2001 is hereby confirmed. ”
This Court by order dated 15.2.2010 called for a report
from the court below. The said report has been submitted and is
placed at Flag-A. Relevant part of the report is quoted
hereinbelow:
“On the perusal of the record, it further transpires
that the report dt. 19.1.2002 of Sub Inspector
Brahampura P.S. is there on the record where in it
has been reported that the receipt dt. 3.11.01
granted by A.K. Brothers Bakarganj, Patna, The
receipt dt. 9.11.2001 granted by Raj Lakshmi
Jwellers, Sahu Complex, Bakarganj Patna and the
receipt dt. 8.11.2001 granted by Shiv
Ornament/house Sahebganj Chapra are seemed
to be genuine. So far as the other receipt are
concerned, there is no report about their
genuineness in the said report dt. 9.1.2002. And
therefore direction has been given to the Officer-
in-charge to the concerned police station to be
report about their genuineness by the order dated
09.03.10 as soon as the said report about the
genuineness of the rest receipt is received a
further report will be send to the Hon’ble Court
immediately.”
Learned counsel for the petitioner states that Manish
Abhushan Bhandar is the shop owned by the petitioner.
In my view, the petitioner has made out a case for
release of the aforesaid silver coins/ornaments and cash subject
3
to furnishing appropriate bond/indemnity bond/sureties. A stand
has fairly been taken by the petitioner that no issue shall be
raised at the trial with regard to non-production of the material
exhibits relating to those articles.
This Court is thus satisfied that petitioner has made
out a case for release of silver coins/ornaments and cash seized
from him. The court below is at liberty to take appropriate
bond/indemnity bond/security and impose conditions as it may
deem fit for release of the aforesaid articles. Aforesaid articles,
however, must be released within two weeks from the date of
production of a copy of the order.
The application is disposed of with the aforesaid
directions.
( Kishore K. Mandal, J. )
pkj