[Cites 2, Cited by 0]
Patna High Court
Rajiv Kumar Ranjan @ Rajiv Ranjan vs The Principal Secretary, Food And Civil ... on 11 December, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1225 of 2023
Arising Out of PS. Case No.-132 Year-2017 Thana- SANHAULA District- Bhagalpur
======================================================
Rajiv Kumar Ranjan @ Rajiv Ranjan, Son of Kapildev Das, Resident of
village - Sanhoula, P.S. - Sanhoula, Distt. - Bhagalpur
... ... Petitioner/s
Versus
1. The Principal Secretary, Food and Civil Supply Department, Govt, Of Bihar,
New Secretariat, Patna Bihar
2. The District Magistrate, Bhagalpur Bihar
3. The Sub-Divisional Officer, Bhagalpur Bihar
4. The Marketing Officer, Food and Civil Supply Department, Govt. of Bihar,
Bhagalpur Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajive Ranjan Singh, Advocate
For the Respondent/s : Mr.Arvind Ujjwal, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 11-12-2025
The record taken up on mentioning being made on
behalf of the petitioner.
2. Heard learned counsel for the petitioner and learned
counsel for the State.
3. The present writ application has been filed seeking
following reliefs :-
"(i). For quashing the order dated
16.05.2023
passed by Additional District and
Session Judge-14th, Bhagalpur in Criminal Appeal
No. 60/2022 arising out of Kahalgaon(Sanhaula)
P.S. Case No. 132/2017.
(ii) For direction to the respondents to
Patna High Court CR. WJC No.1225 of 2023 dt.11-12-2025
release the Motorcycle Registration No.-JH 17H
7088 in favor of petitioner, which is seized in
Kahalgaon (Sanhaula) P.S. Case No. 132/2017.
(iii) For Direction to the respondents to
release the Vehicle to the petitioner in condition of
on which seized in the year of 2017.
(iv) For any other relief/reliefs which is
entitled the petitioner accordance with law".
4. It transpires from the record that Sanhaula P.S. Case
No. 132 of 2017 was registered on the basis of written report of
Block Supply Officer and the motorcycle of the petitioner
bearing registration no. JH-17H-7088 was seized along with
some food-grains of PDS shop. Thereafter, a confiscation
proceeding was initiated and subsequently the motorcycle of the
petitioner was confiscated by the Collector, Bhagalpur vide
order dated 25.04.2022. Being aggrieved and dissatisfied with
the aforesaid confiscation order, the petitioner filed Cr.Appeal
No. 60/2022 before the court of learned District Judge,
Bhagalpur. Thereafter, the learned Additional Sessions Judge-
14, Bhagalpur, after hearing the parties, dismissed the appeal
vide order dated 16.05.2023, which is under challenge before
this Court.
5. The learned counsel for the petitioner submits that
the investigation has been completed in this case and charge
Patna High Court CR. WJC No.1225 of 2023 dt.11-12-2025
sheet has been submitted. There is no further requirement of the
motorcycle in the case before the learned trial court or for the
prosecution agency. The motorcycle seized in this case has been
kept at open place and is getting damaged every day. The
learned counsel further submits that the petitioner would
produce the motorcycle as and when required by the court if it is
released in his favour. The learned counsel also submits that the
motorcycle of the petitioner was confiscated but till date it has
not been auctioned sold.
6. The learned counsel appearing on behalf of the
State though opposes the submission made on behalf of the
petitioner, however, submits that with security and undertaking
to produce the motorcycle as and when required by the learned
trial court, the prayer of the petitioner for release of his vehicle
could be considered by this Court.
7. Perused the record.
8. Admittedly, the petitioner has challenged the order
dated 16.05.2023 passed by the learned Additional Sessions
Judge-14, Bhagalpur in Cr. Appeal No. 60/2022. Against such a
judicial order, normally this writ petition could not be
entertained. However, having regard to the facts that the present
writ petition has been pending before this Court since 2023 and
Patna High Court CR. WJC No.1225 of 2023 dt.11-12-2025
now relegating the petitioner to have a recourse of proper
proceeding would be unduly harsh. Moreover, the Hon'ble
Supreme Court in the case of Sunderbhai Ambalal Desai Vs.
State of Gujarat, reported in (2002)10 SCC 283 has observed
the following:
"In our view, the powers under Section 451,
Cr.P.C. should be exercised expeditiously and
judiciously. It would serve various purposes,
namely:-
1. Owner of the article would not suffer
because of its remaining unused or by its
misappropriation;
2. Court or the police would not be required
to keep the article in safe custody;
3. If the proper panchnama before handing
over possession of article is prepared, that
can be used in evidence instead of its
production before the Court during the trial. If
necessary, evidence could also be recorded
describing the nature of the property in detail;
and
4. This jurisdiction of the Court to record
evidence should be exercised promptly so that
there may not be further chance of tampering
with the articles."
9. While dealing with the seized vehicles from time to
time by the police either in commission of various offences or
abandoned vehicles or vehicles which are recovered during
investigation of complaint of thefts, the Hon'ble Supreme Court
in the case of Sunderbhai Ambalal Desai (supra) further
observed as under:-
"In our view, whatever be the situation, it is of
no use to keep such-seized vehicles at the
police stations for a long period. It is for the
Patna High Court CR. WJC No.1225 of 2023 dt.11-12-2025
Magistrate to pass appropriate orders
immediately by taking appropriate bond and
guarantee as well as security for return of the
said vehicles, if required at any point of time.
This can be done pending hearing of
applications for return of such vehicles.
In case where the vehicle is not claimed by the
accused, owner, or the insurance company or
by third person, then such vehicle may be
ordered to be auctioned by the Court. If the
said vehicle is insured with the insurance
company then insurance company be informed
by the Court to take possession of the vehicle
which is not claimed by the owner or a third
person. If Insurance company fails to take
possession, the vehicles may be sold as per the
direction of the Court. The Court would pass
such order within a period of six months from
the date of production of the said vehicle
before the Court. In any case, before handing
over possession of such vehicles, appropriate
photographs of the said vehicle should be
taken and detailed panchnama should be
prepared."
10. Therefore, considering the fact that the damage to
the vehicle is considered loss to national resources, I am of the
view that the release of the vehicle could be ordered to stop
further damage and wastage of the resources.
11. Accordingly, the impugned order dated 16.05.2023
passed by the learned Additional Sessions Judge-14, Bhagalpur
is set aside and the motorcycle of the petitioner bearing
Registration No. JH-17H-7088, seized in connection with
Kahalgaon (Sanhaula) P.S. Case No. 132 of 2017, is directed to
be released in favour of the petitioner/registered owner subject
to the satisfaction and the conditions to be imposed by the
Patna High Court CR. WJC No.1225 of 2023 dt.11-12-2025
learned trial court, if the motorcycle is not auction sold.
12. Accordingly, the present petition is allowed.
(Arun Kumar Jha, J)
V.K.Pandey/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.12.2025
Transmission Date 11.12.2025
