Raj Kumar vs The State Of Bihar
2023 Latest Caselaw 2455 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.23625 of 2021
Arising Out of PS. Case No.-82 Year-2019 Thana- MAGADH UNIVERSITY District- Gaya
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RAJ KUMAR SON OF LATE RAJENDRA PRASAD Resident of Village - Aadarsh nagar, Quarter No.241, P.S.- Dhurva, Distt.- Ranchi , State Jharkahand.

... ... Petitioner/s Versus THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.Umesh Prasad,Advocate For the Opposite Party/s : Mr.A.M.P. Mehta,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT Date : 17-05-2023

This application has been filed for quashing order dated

11.01.2021, passed by the learned Judicial Magistrate 1st Class,

Gaya in Magadh University P.S. Case No. 82 of 2019 (G.R. No.

4111 of 2019) registered for the offence punishable under Sections

414, 428, 429, 279 of the Indian Penal Code, Sections 4, 4(A),

4(B) of Bihar Preservation and Improvement of Animal Act, 1955,

Rule 125E of Central Motor Vehicle Rules, 1989, Rules 96, 97, 98

of Transport of Animals (Amendment) Rules, 2009 and Section 11,

20 of P.C.A. Act, 1960, by which the learned Magistrate has

rejected the prayer of petitioner for release of his seized truck,

bearing Registration no. JH01AU-7439.

2. In the F.I.R., the informant has alleged in her written

complaint that on a truck, 29 cattle were being transported for

unlawful purpose and on receipt of said information, when police Patna High Court CR. MISC. No.23625 of 2021 dt.17-05-2023

intercepted the said truck, the driver and the cleaner had fled away

and the vehicle was seized.

3. It is submitted on behalf of the petitioner that

petitioner is owner of the truck, vide Registration no. JH01AU-

7439, which has been seized on the ground that animals were

found loaded on it. It is further submitted that petitioner has

already sold said truck on 25.07.2019 to one Ekakh Kuraisi and

the said truck was not in use of the petitioner and the petitioner

had no knowledge of carrying of animals. In this regard, petitioner

has annexed Annexure - 4, which is report dated 20.10.2020 of the

D.T.O. Ranchi and report dated 22.12.2020 of the I.O. It is next

submitted that no useful purpose would be served by keeping the

vehicle at the police station in the open sky getting it rotten day-

by-day. Petitioner undertakes that he would comply with the terms

and conditions imposed by the Court.

4. Learned A.P.P. for the State vehemently opposes the

application.

5. Considering the submissions made on behalf of the

parties, this Court is of the opinion that no useful purpose would

be served by keeping the vehicle of the petitioner lying in the

police station in open sky. Accordingly, in view of the aforesaid Patna High Court CR. MISC. No.23625 of 2021 dt.17-05-2023

facts and circumstances, impugned order dated 11.01.2021, being

erroneous and unjust, is quashed and set aside.

6. Learned Court below is directed to release the Truck,

bearing Registration no. JH01AU-7439, in favour of its owner/the

petitioner within a period of four weeks from the date of

receipt/production of copy of this order on the terms and

conditions as may deem fit and proper.

7. With above observation and direction, the petition is

allowed.

(Prabhat Kumar Singh, J)

Anay/-

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