IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27185 of 2008 1. BHOLA YADAV, SON OF RAM BHAROSE YADAV, RESIDENT OF MOHALLA KATARI, P.S. CHANDAUTI, DISTRICT GAYA. 2. DILIP YADAV, SON OF RAM BHAROSE YADAV, RESIDENT OF MOHALLA KATARI, P.S. CHANDAUTI, DISTRICT GAYA. ----- PETITIONERS Versus THE STATE OF BIHAR ----- OPPOSITE PARTY ----------- 2 18.8.2009 Heard the parties. Petitioners have challenged the order dated 1.3.2008 by which the Court below has refused to release the trucks in question on the ground that the confiscation proceeding are pending against the petitioners under Section 7 of the Essential Commodities Act and Sections 467, 468, 420 and 120B of the Indian Penal Code. Learned counsel for the petitioners submits that petitioner no. 1 had purchased the truck from petitioner no. 2 on 10.4.2007. It is stated that petitioner no. 2 has no objection if the truck is released in favour of petitioner no. 1. I accordingly direct that the Chief Judicial Magistrate, Gaya should release the trucks in favour of the owner of the trucks after verification of registration and ownership documents. The release of trucks is subject to the confiscation proceedings and the petitioners in whose favour the trucks are released are to produce the trucks in question if there is any adverse order in the confiscation proceeding. The Chief Judicial Magistrate, Gaya may also impose other conditions with respect to the release of the trucks such as an undertaking that the petitioners will not transfer the trucks during the 2 pendency of the cases pending against them and that they would keep the truck in a fit condition. Apart from which the petitioners would be liable to produce the trucks in the criminal proceeding pending against them as and when called upon by the Trial Court. In the result this application is allowed and the Court below is directed to release the trucks in favour of the registered owner of the trucks subject to his own satisfaction. Learned counsel for the petitioner is permitted to deposit the cost of FAX for communicating this order to the Court of the Chief Judicial Magistrate, Gaya in Bodh Gaya P.S. Case No. 80 of 2007. Sanjay (Sheema Ali Khan, J.)