SURENDRA PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri Digvijay Kumar Ojha, learned counsel for the petitioner and Shri Awdhesh Kumar Singh, learned Additional Public Prosecutor.

(2.) In the present petition, the petitioner has prayed for directing to release seized Hero Honda (Passion Pro) Motorcycle bearing Registration No. BR-44B-2469, Engine No. HA 106DBGA 28922, Chassis No. MBLHA 10EWBGAO6632 by quashing the order dated 5.11.2011 in connection with Buxar Town P.S. Case No. 231 of 2011, Sessions Trial No. 244 of 2011 registered for the offence under Section 302/34 of the Indian Penal Code.

(3.) Learned counsel for the petitioner submits that the vehicle in question is registered in the name of petitioner and vehicle was seized during investigation of the aforesaid case. The vehicle in question was taken up by the police and seized. Since the petitioner was bona fide owner of the vehicle in question, petition was filed before the court below for release of the vehicle. However, the learned Sessions Judge, Buxar has rejected the petition for release by the impugned order.