IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellanious No.5902 of 2011
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1. PARMESHWAR SINGH SON OF WARYAN SINGH,
RESIDENT OF SAIDPURA (BADPURA),P.S. NANDED,
DISTRICT NANDED (MAHARASTARA)
2. BHAGVAN DAS ARRORA, SON OF LATE HANSH RAJ
ARORA, RESIDENT OF S.N.T. ROAD, P.S. PRADHAN
NAGAR, DISTRICT DARZILLING (WEST BENGAL)
Versus
The State Of Bihar
——-
03. 28.07.2011 Heard learned counsel for the petitioner and the
State.
The petitioner prays for quashing of the part of
the impugned order dated 05.02.2011 passed by Additional
Chief Judicial Magistrate, Jhanjharpur in Phulparas P.S.
Case No. 43 of 2010 (G.R. No. 209 of 2010).
By the impugned order, the court below has
ordered release of the two trucks in question out of seven
involved in the case on execution of bond and other
undertakings.
Learned counsel appearing for the petitioners
submits that previously also for release of trucks the
concerned had approached this court. In the same
sequence two of the trucks in question involved have been
released merely on furnishing bonds of the value of the
trucks by the court below, however in the present case the
court below directed for release on furnishing bond for
much higher value and other undertakings. Learned
counsel submits that the trucks directed to be released
2
under the order may also be released on furnishing the
bond of the value of trucks in question. In this regular
reference is made to the order dated 19.08.2010 passed in
Cr. Misc. No. 30434 of 2010 (Annexure-2) and the order
dated 11.05.2011 passed in Cr. Misc. No. 16392 of 2011.
Learned counsel for the State is not in a position
to refute the submissions made on behalf of the petitioners.
Considering the facts and circumstance of the
case and the submissions of the parties, in case other two
trucks also involved in the lot of seized vehicles in the above
police case, as submitted, have been released on furnishing
bonds of the value of the truck, the impugned order is
modified only to the extent that the same terms and
conditions shall be applicable for release of the vehicles
under the impugned order subject to the final result of the
above case/confiscation proceeding, if any.
This criminal miscellaneous application stands
disposed as indicated above.
This order may be communicated to the court
below through FAX on the cost being deposited by the
petitioners.
Jagdish/ ( Shailesh Kumar Sinha, J.)