quesbike is in thana custody because of road accident

Hii my bike is in gurgoan gawal pahadi thana because of road accident in which the person who driving bike he is dead pls tell mw how i relief my bike

  • ans

    When an accident takes place, a case is registered by the Local Police. In your case as the person has died, the criminal case will attract Section 304 A of the Indian Penal Code which provides for offences relating to death due to negligence.Following an accident the police take both the vehicles — of the accused and the victim — into its possession when FIR is filed. The same would become  part of case property and the vehicle of victim is released only after giving an application in the court, which takes a lot of time.

    Now, however,  as the Arun  Handa V.s Govt of NCT , the Delho High Court has passed a direction that in all accident cases, police would have to release the vehicles of victim after taking a surety bond and whenever it is needed, he would personally produce it (the vehicle) in the court and would not sell it.

    Therefore immediately after checking antecedents of the person (victim) on the spot, verification of documents and taking a surety bond from the victim will release your bike.Hence you should make an application to police thereby asking them to release your bike.But if after checking the antecedents if police does not release the bike, then you can move an application before the Metropolitan Magistrate thereby requesting them to release the bike.


  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Motor Accident Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Consult best Motor Accident lawyers in India

Similar questions

We had claimed for about 12 lacs . Now Insurance company lawyer calls and abruptly…

From whom can you claim the Compensation in a Motor Vehicle accident

I have a commercial vehicle but not own a commercial licence i have only normal…
I met with minor accident 4 mon back.My car backdoor touched a two wheeler and…

Motor Accident Lawyers in India

Advocate Harish Malhotra

  District Court
 Experience: 19 years

Advocate R C Mahajan

  Paschim Vihar
 Experience: 23 years

Advocate J. P. Rinwa

  High Court
 Experience: 16 years

Advocate Nitin Chopra

  Sukriti Vihar Colony
 Experience: 16 years

View all >>

How it Works

Know how LawRato makes legal advice easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly