IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.92 of 2009 SANJAY SINGH @ PAPPU Versus THE STATE OF BIHAR ----------- 2 05.02.2009. Heard learned counsel for the parties. Petitioner is aggrieved by order dated 22.11.2008, passed by learned Additional sessions judge I, Khagaria in Sessions case no. 330 of 2008 by which prayer for release of Tata Sumo vehicle, namely, Chaasis no. 446254 LSZ 943918 and engine no. 483 BL 51 LSZ 727701 in favour of the petitioner was rejected. The said vehicle was raided and seized while fake currency was being carried by the petitioner and others using this vehicle. Learned counsel submits that the Apex court in the case of Sundrbhai Ambalal Desai Vs the State of Gujrat, reported in 2003(4) PLJR SC 244 has exercised that vehicles should be released in favour of the owner, otherwise it would rust in police hazat. It is submitted by the State counsel that as the vehicle was allegedly engaged in nefarious activity, it may be required for being used as an exhibit in the trial court, so it should not be released in favour of the petitioner. Having heard the parties, this court is of the view that if the petitioner files an application before the trial court, it would release the vehicle in favour of the petitioner after due verification of ownership on furnishing adequate sureties, 10 percent of which would be in form of cash. With the aforesaid direction, the impugned order passed by - 2 - the leaned trial court dated 12.11.2008 is set aside. The petitioner would also furnish an undertaking that he will produce the same as and when required by the court. Let this order be faxed to the court concerned at the cost of the petitioner. Shashi. (S.P.Singh,J)