Patna High Court

Ajay Kumar SinghversusState of Bihar

Decided: 23 February 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH ALOK KUMAR PANDEY

Holding

The High Court directed the Additional Chief Judicial Magistrate‑VI, Patna City to dispose of the petition under Section 451 CrPC within four weeks and disposed of the writ petition.

Summary

The petitioner, Ajay Kumar Singh, filed a writ petition seeking the release of his Mahindra TUV 300 vehicle seized in connection with a criminal case (Patna Byepass P.S. Case No. 43 of 2024) under IPC sections 328, 379, 420 and 34. He asserted ownership of the vehicle and claimed no involvement in the alleged offences, and also highlighted a pending petition before the Additional Chief Judicial Magistrate‑VI, Patna City under Section 451 of the CrPC. The High Court, without delving into the merits of the criminal case, directed the magistrate to dispose of the pending Section 451 petition within four weeks of receiving the order. Consequently, the writ petition was disposed of by the High Court. The order essentially directed a speedy disposal of the lower‑court petition rather than granting immediate release of the vehicle.

Issues considered

Whether the writ petition for release of the seized vehicle is maintainable in the High Court.
Whether the High Court can direct the Additional Chief Judicial Magistrate‑VI, Patna City to dispose of a pending petition under Section 451 of the CrPC within a stipulated time.
Whether the High Court may dispose of the writ petition without examining the merits of the underlying criminal case.

Legislation cited

Code of Criminal Procedure, 1973 — s. 451
Indian Penal Code — s. 328, 34, 379, 420

Subjects

vehicle seizure
writ petition
Section 451 CrPC
release of property
direction to lower court
Indian Penal Code
Code of Criminal Procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1958 of 2026
                 ======================================================
                 Ajay Kumar Singh S/o Late Ram Bihari Singh, r/o Pahari Chak, P.S.- Sonepur
                 Distt.- Saran.

                                                                            ... ... Petitioner
                                                   Versus
           1.    State of Bihar through Secretary Department of Home, Bihar, Patna.
           2.    Secretary, Department of Home, Bihar, Patna.
           3.    The S.S.P., Patna, at Patna.
           4.    The Superintendent of Police Patna City Range at Patna.
           5.    The S.H.O., Byepass P.S, Patna at Patna.
           6.    Sri Sanjay Kumar, Singh, SI, Bye Pass PS cum IO of Byepass PS Case no.
                 43/2024.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner     :       Mr. Amresh Kumar Sinha, Adv.
                 For the Respondents    :       Mr. Sunil Kumar Mandal, SC-3
                                                Ms. Neelam Kumari, AC to SC-3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   23-02-2026                 The present writ petition has been filed for release of

                   Mahindra TUV 300 bearing Registration No. BR 31PA 6293,

                   Chassis       No.        MAINA2VZXJ6C39191,             Engine        No.

                   VZJ6C32442, which has been seized in connection with Patna

                   (Byepass) P.S. Case No. 43 of 2024 dated 01.02.2024 registered

                   under Sections 328, 379, 420 and 34 of the Indian Penal Code.

                               2. The learned counsel for the petitioner submits that

                   the petitioner is the owner of the aforesaid vehicle in question

                   and he has got no complicity in the alleged occurrence.
            Patna High Court CWJC No.1958 of 2026(2) dt.23-02-2026
                                                        2/2




                                  3. At the outset, the learned counsel for the petitioner

                      submits that the petitioner has filed a petition under Section 451

                      of the Code of Criminal Procedure, 1973 before the learned

                      court of Additional Chief Judicial Magistrate-VI, Patna City,

                      however the same is still pending, hence the learned trial court

                      be directed to dispose of the same within a stipulated time

                      frame.

                                  4. Without going into the merits of the case, we deem

                      it fit and proper to direct the learned court of Additional Chief

                      Judicial Magistrate-VI, Patna City to dispose of the aforesaid

                      petition filed by the petitioner under Section 451 of the Code of

                      Criminal Procedure, 1973, preferably within a period of four

                      weeks from the date of receipt/production of a copy of this

                      order.

                                  5. Accordingly, the present writ petition stands

                      disposed of.


                                             (Mohit Kumar Shah, J)


                                             ( Alok Kumar Pandey, J)

shahzad/-

U

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