PRAKASH JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard. This criminal miscellaneous petition has been filed for quashing the order dated 15.7.2009 passed by the 1st Additional Sessions Judge, Bettiah, in Cr. Revision No. 91 of 2009, by which he has rejected the revision petition confirming the order dated 14.5.2009, passed by the Chief Judicial Magistrate, Bettiah, West Champaran, by which a prayer has been for release of seized money in favour of the petitioner has been refused.

(2.) The prosecution as alleged as alleged in the Fardbeyan by the informant that on secret information that candidate of L.J.P. Prakash Jha is distributing money illegally to influence the voters and it is alleged that the Police raided the rented house of the politician at about 11.45 P.M. and found that 38 persons in the campus and they did not give any satisfactory answer regarding the seized money of Rs. 10,25,350/- from two bags from the room inside the house. It is alleged that said money was kept for the purpose of distributing money amongst the voters and persons present there also disclosed that said money belongs to Prakash Jha. Seizure list was prepared and charge-sheet has been submitted under Sections 188, 171(F), 171(H)/34 I.P.C. and 123 of R.P.Act.

(3.) However, petition for release of money filed under Section 451 has been refused by the A.C.J.M. Learned A.C.J.M. by its order refusing to release seized money taking into consideration the report of S.H.O., Bettiah Town P.S. who had reported that no requirement of seized money during investigation of the case but even on such report the petition for release has been rejected on the ground that petitioner has not appeared in the case, hence it would not be proper to release seized money.