Patna High Court Cr.Misc. No.45287 of 2011 (2) dt.19-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45287 of 2011 ====================================================== 1. Satya Narayan Choudhary S/O Late Rajendra Choudhary, Resident Of Village- Chahuta, Police Station- Aurai, District- Muzaffarpur. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashutosh Kumar, Mr. C.M.Jha and Mr. Dhananjay Kumar, Adv. For the Opposite Party/s : Mr. L.K.Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 19-07-2012 Heard learned counsel for the petitioner and learned counsel for the State. In this case, the petitioner is challenging the order dated 13.12.2011 passed by learned S.D.J.M. (East), Muzaffarpur in Aurai P.S. Case No. 130 of 2011 (G.R. No. 3572 of 2011) by which he has refused to release the tractor and trailor vide Registration No. BR06S-0955 and Registration No. BR06G-6422 on the ground that the same was used in black-marketing and is subject matter of trial. The counsel for the petitioner submits that no purpose will be served if the tractor and trailor will remain in the custody of the Police or the court below as after some time it will be turned to be a junk and will be of no use of any person either to the petitioner or otherwise, it will cause national loss. He further submits that the petitioner will not interfere in any manner with Patna High Court Cr.Misc. No.45287 of 2011 (2) dt.19-07-2012 the tractor and trailor and he will also produce the tractor and trailor as and when the court below will give such direction. He also submits that the petitioner is ready to furnish proper security for release of the tractor and trailor. The counsel for the State submits that if the petitioner follows the undertaking then it will be no harm for release of the tractor and trailor. Having considered the rival contention of the parties, the court below is directed to release the aforesaid tractor and trailer but subject to condition that the petitioner will file an affidavit giving undertaking that he would produce seized tractor and trailor before the court as and when the court below will require, the petitioner will also give undertaking that he will not interfere in any manner either with the tractor or the trailor. He will act as a trustee of court concerned. If the petitioner gives such undertakings as stated hereinabove on affidavit, the court below will release the tractor and trailor after being satisfied with the security given by the petitioner and after proper verification of the ownership of petitioner. Accordingly, this petition is disposed of. Mahesh/- (Shivaji Pandey, J)