Patna High Court
Suresh Kumar Singh vs The State Of Bihar on 17 March, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89247 of 2024
Arising Out of PS. Case No.-143 Year-2024 Thana- KALUAHI District- Madhubani
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Suresh Kumar Singh, S/o Shiv Narayan Singh, R/o Road No 7C, House No
11, Indrapuri, Near Shiv Mandir, P.S.- Patliputra, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 17-03-2025
Heard Mr. Bachan Jee Ojha, learned counsel
appearing for the petitioner and Mr. Navin Kumar Pandey,
learned APP appearing on behalf of the State.
2. The present application has been filed by the
petitioner for quashing of the order dated 23.11.2024 passed in
G.R. No.1078 of 2024/Kaluahi P.S. Case No.143 of 2024 by
learned A.D.J.-II-cum-Special Judge, Excise Act, Madhubani,
whereby the learned Special Judge has rejected the petition filed
by the petitioner for release of his Scorpio vehicle bearing
Registration No.BR-1PG-1082 Chasis No.MAITA 25JXF2B
17788 and Engine No. SJFUB 19578, which is standing in
Kanhauli Police Station, Madhubani since 30.07.2024.
3. The case of prosecution is that the Scorpio bearing
Patna High Court CR. MISC. No.89247 of 2024 dt.17-03-2025
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Registration No. BR-1PG-1082 of the petitioner was stolen
away in the intervening night of 20.02.2024 and 21.02.2024,
while it was standing in front of his house situated in mohalla-
Indrapuri, Road No.7C, House No.11, Shiv Shanti Villa, P.S.-
Patliputra, District-Patna by some unknown miscreants. The
petitioner furnished a written information to the concerned
police station to that effect on 21.02.2024 and on the basis of
said written information, the police lodged first information
report qua occurrence as Patliputra P.S. Case No.78 of 2024 for
the offence punishable under Section 379 of the IPC.
4. It is submitted by learned counsel appearing for
the petitioner that the vehicle in issue was stolen by some
unknown person on 20.02.2024 for which a case was lodged
with Patliputra Police Station, being Patliputra P.S. Case No.78
of 2024. Subsequently, after lapse of five months, the aforesaid
stolen vehicle was seized by the Madhubani police while carrying
consignment of illicit liquor and was became subject matter of
Kaluahi P.S. Case No.143 of 2024.
5. It is further submitted that in view of aforesaid,
this vehicle cannot be confiscated, as the petitioner not appears
accused or connected in any manner with recovered illicit liquor.
Patna High Court CR. MISC. No.89247 of 2024 dt.17-03-2025
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In support of his submission, learned counsel has relied upon
the judgment of Division Bench of this Court passed in the
matter of Saddam Hussain vs. the State of Bihar and Ors.
[Cr.W.J.C. No.14606 of 2024].
6. It is further submitted that during the course of
investigation, one another Scorpio vehicle of Ward Parshad of
Budha Colony was also stolen away and for that Budha Colony
P.S. Case No.108 of 2024 was lodged for the offence under
Section 379 of the IPC in which the police had recovered the
said Scorpio vehicle and arrested several accused persons, who
clearly confessed that they had stolen the vehicle of the
petitioner and sold to one Aman. In spite of that, the police has
failed to recover the aforesaid scorpio of the petitioner. It is
further submitted that the Officer-in-charge of Kaluahi Police
Station informed the petitioner on telephone that your scorpio
bearing Registration No. BR01PG-1082, Chasis No. MA1TA25
JXF2B17788 and Engine No.SJFUB 19578 (fake Registration
No. JH14G 6580) has been seized by police along with country
made liquor but the driver of the vehicle fled away. On inquiry
from Transport office, the name of original owner through chasis
no. and engine no. was disclosed and FIR was lodged being
Patna High Court CR. MISC. No.89247 of 2024 dt.17-03-2025
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Kaluahi P.S. Case No.143 of 2024 under Sections 274 274 of
the Bhartiya Nyay Sanhita (in short B.N.S.) and Section 30(a)
of the Bihar Prohibition and Excise Act against the owner/driver
of the vehicle.
7. It is further submitted that name of petitioner has
been transpired in this case being registered owner of the
vehicle in issue.
8. Learned APP has opposed the prayer for quashing
of the application but, he fairly conceded the submissions as
advanced by learned counsel appearing for the petitioner.
9. In this context, it would be apposite to reproduce
para-21 of the legal report of Hon'ble Supreme Court as
available through Sunderbhai Ambalal Desai vs. State of
Gujarat as reported in (2002) 10 SCC 283 which is as
under:-
"21. However, these powers are to be exercised by the
Magistrate concerned. We hope and trust that the Magistrate
concerned would take immediate action for seeing that
powers under Section 451 CrPC are properly and promptly
exercised and articles are not kept for a long time at the
police station, in any case, for not more than fifteen days to
one month. This object can also be achieved if there is proper
supervision by the Registry of the High Court concerned in
seeing that the rules framed by the High Court with regard to
such articles are implemented properly."
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10. From the factual background, it can be gathered
safely that the implication of petitioner appears only being the
registered owner of the scorpio vehicle, which was stolen long
back for which, the FIR was registered immediately by him as
Patliputra P.S. Case No.78 of 2024. Prudently, it can be
gathered that petitioner was not connected with present offence.
It appears out of joint submission that the vehicle in issue was
not confiscated yet, and keeping it with police shall not serve
any judicial purpose.
11. Considering the aforesaid, the order dated
23.11.2024
as passed in G.R. No.1078 of 2024/Kaluahi P.S.
Case No.143 of 2024 by learned A.D.J.-II-cum-Special Judge,
Excise Act, Madhubani is hereby quashed and set aside.
12. The present application stands allowed with
directions to the learned trial court to release the Scorpio
vehicle in question against such sureties and conditions,
satisfying the learned trial court/court concerned to
petitioner/rightful owner. Further, the petitioner shall not sell
or part with the ownership of the vehicle till conclusion of the
trial and shall furnish an undertaking to the trial court that he
shall surrender the vehicle within one week of being so
Patna High Court CR. MISC. No.89247 of 2024 dt.17-03-2025
directed and/or pay the value of the vehicle (determined
according to Income Tax law on the date of its release), if so
ultimately directed by the Court.
13. Let a copy of the order be communicated to the
learned trial court forthwith.
(Chandra Shekhar Jha, J.)
Sanjeet/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21-03-2025
Transmission Date 21-03-2025
