Sonu Kumar Upadhyay v. The State of Bihar through the Additional Chief Secretary, Home Department, Patna
CR. WJC/1684/2025 · 2025-10-10
Arun Kumar Jha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56512 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56512 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1684 of 2025 Arising Out of PS. Case No.- Year-0 Thana- District- Siwan ====================================================== Sonu Kumar Upadhyay S/o Late Abhay Kishor Upadhyay ,Resident of Village- Bhikha Bandh, Satjora, P.O.- Daraunda, P.S.- Daraunda, District- Siwan. ... ... Petitioner/s Versus
1. The State of Bihar through the Additional Chief Secretary, Home Department, Patna Bihar
2. The Director of General of Police, Bihar, Patna Bihar
3. The Superintendent of Police, Saran at Chhapra Bihar
4. The Sub-Divisional Magistrate, Sadar, Chhapra. Bihar
5. The Officer-in-Charge, Daudpur Police Station, Saran at Chhapra. Bihar ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar, Advocate For the Respondent/s : Mr. Md. Shahid Siddique, AC to A.A.G.5 ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 10-10-2025 The instant writ petition has been filed seeking following relief(s):-
"(i) For issuance of writ/s, order/s, direction/s for commanding the respondent to release the vehicle, Mahindra make Scorpio bearing Reg. No. BR 28G 5988, Engine No. GMD4G41431, Chassis No. MA1TA2MKD2G28105 which is seized in connection with Daudpur UD Case No. 15/2024 but learned SDM, Saran at Chhapra has refused to release the same. (ii) For issuance of writ/s, order/s,
Patna High Court CR. WJC No.1684 of 2025(2) dt.10-10-2025 2/3 direction/s for commanding the respondents to release the vehicle on the ground of as it is where it is since owner of the vehicle namely Abhay Kishor Upadhyay who died on 15.09.2024 in a road accident and said vehicle upon which he was travelling is in custody of Daudpur Police Station. (iii) To pass any other relief/s for which the petitioner is found entitled in the fact and circumstance of the case."
2. Learned counsel for the petitioner submits that though the petitioner has filed application for release of the vehicle, Mahindra make Scorpio bearing Registration No. BR 28G 5988 on 02.05.2025, till date no orders have been passed by the Sub-divisional Magistrate, Sadar, Saran at Chapra, respondent no. 4 herein.
3. Since the petitioner is aggrieved by the non- disposal of his application seeking release of the vehicle for which registration has been running in the name of late father of the petitioner, the Sub-divisional Magistrate, Sadar, Saran at Chapra is directed to dispose of the application dated 02.05.2025 filed by the petitioner in accordance with law within eight weeks from the date of receipt/production of a copy of this
order.
Patna High Court CR. WJC No.1684 of 2025(2) dt.10-10-2025 3/3
4. Accordingly, the present petition stands disposed of.
DKS/- (Arun Kumar Jha, J) U