IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18604 of 2018 ====================================================== Shashi Bhushan Kumar S/o Sri Sant Sao resident of Mohalla - Pachana Road, Sansar Pokhar, P.S. - Lakhisarai Kabaiya, District - Lakhisarai. ... ... Petitioner/s Versus 1. The State Of Bihar 2. The Superintendent of Police, Lakhisarai. 3. The Sub Divisional Police Officer, Lakhisarai. 4. The Marketing Officer, Lakhisarai. 5. The Officer in Charge Lakhisarai Kabaiya P.S., District - Lakhisarai. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rabi Bhushan, Adv. For the Respondent/s : Mr. Arvind Ujjwal- SC-4 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 25-07-2025 1. The Writ petition is filed to command and direct the respondents to release the gas cylinders that were seized in connection with Lakhisarai (Kabaiya) P.S. Case No. 375 of 2017 registered for the offence punishable under Section 7 of Essential Commodities Act, 1955. 2. The brief facts as culled out from the Writ petition are that the petitioner is the absolute owner of the three seized gas cylinders, which were issued in the name of his brother, Binod Kumar, his second brother, Saurabh and his mother, Jaya Devi by the Indane Gas Agency. Patna High Court CWJC No.18604 of 2018 dt.25-07-2025 2/5 3. An FIR was registered under Section 7 of the Essential Commodities Act against the petitioner. The contents of the Writ petition disclose that, on the direction of Sub-Divisional Officer, Lakhisarai, a raid was conducted on 05.10.2017 at 01:15 P.M. at Tanmay Enterprises a Shop located at Pachana Road Near Sansar Pokhar. During the raid instruments such as Nogel, Plastic, Pipe Regulator and electric weighing machine, four empty Indane Gas cylinders of 14.2 kg, one old gas cylinder (5 kg) and one gas cylinder (2 kg) were recovered. 4. It is the specific contention of the Learned counsel for the petitioner that the petitioner’s name appeared in the FIR, without proper verification, and the seized gas cylinders are lying in the open sky at the Police Station. It is further submitted that this Court, in similar cases has directed for release of vehicle pending the finalization of criminal trials vide Cr.W.J.C. No. 532 of 2017, CWJC No. 1791 of 2017 and CWJC No. 2982 of 2018 dated 11.05.2017, 16.02.2017 and Patna High Court CWJC No.18604 of 2018 dt.25-07-2025 3/5 21.02.2018 respectively. Therefore, the petitioner seeks similar relief for the release of the gas cylinders. 5. Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents. 6. On perusal of the record, it is evident that an FIR was registered against the petitioner vide P.S. Case No. 375 of 2017, on the file of Lakhisarai Police Station for the offence punishable under Section 7 of Essential Commodities Act. 7. During the course of raid at the petitioner’s shop, certain items including gas cylinders were seized. The contents of the Writ petition disclose that none of the cylinders were registered on the name of the the petitioner rather they were registered in the name of his family members. No proper explanation was assigned as to why these cylinders were kept in the petitioner’s shop. Furthermore, there exists a specific provision under Section 451 of Cr.P.C. for the release or custody of property during pendency of trial. Patna High Court CWJC No.18604 of 2018 dt.25-07-2025 4/5 8. Section 451 of Cr.P.C. reads as follows:- 451. Order for custody and disposal of property pending trial in certain cases.- When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. Explanation.- For the purposes of this section, “Property” includes_ (a) property of any kind of document which is produced before the Court or which is in its custody. (b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence. Patna High Court CWJC No.18604 of 2018 dt.25-07-2025 5/5 9. There is an effective alternative remedies available under criminal law and it is for the petitioner to prefer an appropriate application before the competent criminal Court seeking custody or release of the seized property, pending the criminal proceedings. Therefore, this Court is of the considerable view that the Writ petition is not maintainable. However, the petitioner is at liberty to file an appropriate application before the concerned criminal Court for release of the seized property and the said Court shall pass an appropriate order in accordance with law without being prejudiced by any observation made in the Writ petition. 10. With the aforesaid observations, the Writ petitions stands disposed of. Manish/- (G. Anupama Chakravarthy, J) AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date