Patna High Court
Surendra Singh vs The State Of Bihar on 24 January, 2017
Author: Sanjay Priya
Bench: Sanjay Priya
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31012 of 2013
Arising Out of Naubatpur PS.Case No. 52 of 2012 Thana -Naubatpur District- PATNA
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Surendra Singh S/O Ramashray Singh, Resident of Village- Makhdumpur Dokhari,
P.S- Sigori, District- Patna.
.... .... Petitioner
Versus
The State Of Bihar
.... .... Opposite Party
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Appearance :
For the Petitioner : Mr. N.A.Shamsi, Advocate
For the Opposite Party : Mr. APP
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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL JUDGMENT
Date: 24-01-2017 This quashing application has been filed against the order dated 05.10.2012 passed by Sri Pankaj Chauhan, learned Judicial Magistrate, 1st Class, Danapur, in Naubatpur P.S. Case No. 52 of 2012 by which he has refused to release the cash amount of Rs. 50,000/- and a Nokia Mobile in favour of the petitioner which was seized from his possession, till the disposal of the case.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner submitted that the learned Magistrate has released the Hero Honda Motorcycle, seized from the possession of the petitioner by the impugned order but has refused to release the cash and a Nokia Mobile in his favour. Patna High Court Cr.Misc. No.31012 of 2013 dt.24-01-2017 2/4 Learned APP appearing for the State has submitted that there is no illegality in the impugned order.
The prosecution case in short is that on the date of occurrence on getting information about the collection of illegal levy by Maobadi Zonal Commander, Kamal Kant @ Kamal Jee @ Krishna, the informant along with police force reached the village Pitmas and found a person on Motorcycle talking with some person. On seeing the police party, they started fleeing but two persons were caught by the police who disclosed their name as Surendra Singh and Birendra Prasad @ Upendra. They were searched and Rs. 50,000/- and a Nokia Mobile were recovered from the possession of the petitioner which were seized and one Mobile, two SIMs were found in the possession of Birendra Prasad. The police party also seized one Honda Motorcycle.
It has further been alleged that the petitioner disclosed that he is a contractor and came to pay levy demanded by Maowadi Commander and had also given earlier Rs. 10,000/- and Rs. 15,000/- to said Kamal Kant.
Zerox copy of the case diary has been produced in Court by learned counsel for the petitioner. He also pointed out about the seizure list in paragraph 4, wherein the police has clearly mentioned that the amount of Rs. 50,000/- in cash and one Nokia Mobile has Patna High Court Cr.Misc. No.31012 of 2013 dt.24-01-2017 3/4 been seized from the possession of the petitioner.
In such circumstances, it is admitted fact that the cash amount of Rs. 50,000/- and the Nokia Mobile was seized from the possession of the petitioner. From the impugned order, it appears that the learned Magistrate has passed order for release of the Motorcycle in favour of the petitioner but has refused to release the cash and Nokia Mobile in favour of the petitioner.
This Court is unable to understand the reason for not allowing the prayer of the petitioner to release those items in his favour. The learned Magistrate has mentioned in the impugned order that those articles should not be released till the disposal of the case. Besides this, the learned Magistrate has not given any cogent reason to refuse the prayer of the petitioner.
In such circumstances, the impugned order dated 05.10.2012 passed by the learned Magistrate with respect to refusal to release the cash amount and the Nokia Mobile of the petitioner in his favour, is set aside.
The learned Court below is directed to pass appropriate order for release of cash amounting to Rs. 50,000/- and one Nokia Mobile in favour of the petitioner on proper verification and sureties, preferably within a period of two months from the date of receipt/production of a copy of this order. The petitioner will produce Patna High Court Cr.Misc. No.31012 of 2013 dt.24-01-2017 4/4 those released articles in Court as and when required during the trial.
With the aforesaid observations and directions, this criminal miscellaneous application is allowed.
(Sanjay Priya, J) A.I./-
AFR/NAFR NAFR CAV DATE NA Uploading Date 02.02.2017 Transmission 02.02.2017 Date