IN THE HIGH COUR T OF JUDICATURE AT PATNA Cr.Misc. No.31201 of 2011 Amarjeet Kumar Versus The State Of Bihar ----------- 3 17.10.2011 Petitioner, Amarjeet Kumar by filing instant petition has prayed for release of Tata Spacio Gold Taxi bearing Registration No. BR-53 8299, Chassis No. 421759ET2922800, Engine No. 497SP38ET2845637 which has been refused by the courts below successively. On confidential information the police seized so many vehicles, which were alleged going to be marketed after getting preparation of forged and fabricated document with regard to it ownership by substituting with fake registration number, engine number, chassis number, as the aforesaid vehicle happens to be stolen one. So far petitioner status is concerned, he has been booked in two cases, the first one happens to be Jamalpur P.S. Case No.136 of 2008 and the second one the present being Kasim Bazar P.S. Case No.77 of 2010. Contention on behalf of petitioner is that Jamalpur P.S. Case No.136 of 2008 ended in submission of final form recognizing the petitioner to be owner of the vehicle and in the aforesaid background vehicle has been released in favour 2 of petitioner on a surety bond of rupees five lacs but could not be released as it happens to be subject matter of present case. Then submitted that on wrong factual report submitted by DTO, his prayer has been refused which ought not to be in light of finding recorded in connection with Jamalpur P.S. Case No.136 of 2008 wherein the ownership of petitioner has been ascertained verified and recognized. The learned Additional A.P.P. opposed the prayer and submitted that when the source is not known then in that event the subsequent presence of document in favour of petitioner cast a doubt over its authentication The matter of release has been taken into consideration by the Hon’ble Apex Court as has been held and reported in 2002(10) SCC, page 283 at para-17. “In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles. In the aforesaid facts and circumstances of the case, the successive order passed by learned lower courts is set 3 aside. Consequent thereupon petition is allowed. The learned lower court is directed to release the vehicle bearing registration no.BR-53 8299, chassis no.421759ET2922800, engine no.497SP38ET2845637 in favour of petitioner after ascertaining the genuineness of owner book, tax token, insurance paper on bank guarantee of rupees five lacs with condition (a) the vehicle will not be subject to transfer till conclusion of the trial, (b) neither its physical feature nor its colour will be changed and (c) it should not leave the jurisdiction of the court without taking prior permission from the court concerned (d) it should be produced before the court whenever and wherever required. Let a copy of this order be communicated to the court below through Fax at the cost of the petitioner. PN (Aditya Kumar Trivedi, J.)