RANJEET KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri Umesh Kumar, learned counsel for the petitioner and Shri Ram Chandra Sahni, learned Additional Public Prosecutor.

(2.) In the present petition, the petitioner has prayed for quashing of order dated 20.9.2011 passed in Criminal Revision No.41 of 2011 by the learned District and Sessions Judge, Jehanabad, whereby the learned Sessions Judge has rejected the petition filed by the petitioner, which was filed against part of the order passed by the learned Chief Judicial Maigstrate, Jehanabad on 15.3.2011 in Makhdumpur P.S. Case No.68 of 2011. By order dated 15.3.2011, the learned Chief Judicial Magistrate, on the petition filed on behalf of the petitioner for release of seized motorcycle bearing Registration No.BR25A-5964, seized Mobile Phone and cash amount to the tune of Rs.1,940/-. On the said petition, the learned Chief Judicial Magistrate passed an order for release of cash amount in favour of the wife of the petitioner, but he had refused to release the seized motorcycle as well as Mobile Phone of the petitioner. The case was registered for the offence under Section 393 of the Indian Penal Code and during investigation, petitioner was arrested, while he was moving on a motorcycle. After arresting the petitioner aforesaid motorcycle, one Mobile and cash amount was seized.

(3.) Learned counsel for the petitioner has drawn my attention to Annexure-3 to the petition, which is a communication made by the Officer-in-charge of the concerned police station to the Chief Judicial Magistrate, Jehanabad, wherein the Officer- in-charge of Makhdumpur Police Station had mentioned that he had got no objection in release of the seized articles. Learned counsel for the petitioner, in support of his argument, has relied on a judgment of the apex court Sundarbhai Ambalal Desai Vs. State of Gujarat, 2003 4 PLJR(SC) 244 and submits that if the seized motorcycle is not released, there is every likelihood of decay of the seized motorcycle and as such it would be appropriate to direct for release of the aforesaid seized motorcycle.