IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8456 of 2008 MUKESH KUMAR S/O- SRI HIRA LAL PRASAD R/O- OF MOHALLA HINDRI BAZAR, P.S.- MOTIHARI TOWN, DISTT. EAST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. B.N. TRIPATHI, INSPECTOR, OF POLICE CUM OFFICER-IN- CHARGE BRAHMPURA, P.S.- BRAHMPURA, DISTT- MUZAFFARPUR. ----------- 3 01.10.2010 Heard both sides. Petitioner is aggrieved by the order dated 10.5.2004 passed by learned Judicial Magistrate, 1st Class, Muzaffarpur in G.R. case no. 2211/2001 (Tr. No. 580 of 2001) whereby his application seeking release of the silver coins/ornaments and cash has been rejected. He is also aggrieved by order dated 24.4.2007 passed on his Cr. Rev. no. 117 of 2004 whereby the order of learned Judicial Magistrate, 1st Class, has not been interfered with. The petitioner claims the aforesaid silver coins/ornaments as also the cash which allegedly was/were found in his possession while riding a jeep. At the time of seeking bail, the petitioner led his claim over those seized silver coins/ornaments and cash. Initially provisional bail was granted to him and a report about the verification of his claim was directed to be submitted by the Investigating Officer. On submission of the report, his provisional bail was confirmed by order dated 15.1.2002 which reads as follows: “Accused Mukesh Kumar, Raj Kishore Singh and Pramod Kumar surrendered before the court and a petition has been filed on their behalf with a prayer to confirm the bail of the petitioner which 2 was granted to him. Heard Sri N.K. Verma the learned Advocate appearing for the petitioner and the A.P.P. and perused the record as well as report of the I.O. on the point of verification of the receipts as ordered on 23.11.2001 by which the petitioner were granted bail. It has been submitted on behalf of the petitioners that it has been found by the police that the receipts are genuine and property belong to the petitioners and therefore it has been prayed that the provisional bail granted to the petitioner be confirmed. On the other hand, the learned A.P.P. concedes the prayer made on behalf of the petitioner and hence the provisional bail granted on 23.11.2001 is hereby confirmed. “ This Court by order dated 15.2.2010 called for a report from the court below. The said report has been submitted and is placed at Flag-A. Relevant part of the report is quoted hereinbelow: “On the perusal of the record, it further transpires that the report dt. 19.1.2002 of Sub Inspector Brahampura P.S. is there on the record where in it has been reported that the receipt dt. 3.11.01 granted by A.K. Brothers Bakarganj, Patna, The receipt dt. 9.11.2001 granted by Raj Lakshmi Jwellers, Sahu Complex, Bakarganj Patna and the receipt dt. 8.11.2001 granted by Shiv Ornament/house Sahebganj Chapra are seemed to be genuine. So far as the other receipt are concerned, there is no report about their genuineness in the said report dt. 9.1.2002. And therefore direction has been given to the Officer- in-charge to the concerned police station to be report about their genuineness by the order dated 09.03.10 as soon as the said report about the genuineness of the rest receipt is received a further report will be send to the Hon’ble Court immediately.” Learned counsel for the petitioner states that Manish Abhushan Bhandar is the shop owned by the petitioner. In my view, the petitioner has made out a case for release of the aforesaid silver coins/ornaments and cash subject 3 to furnishing appropriate bond/indemnity bond/sureties. A stand has fairly been taken by the petitioner that no issue shall be raised at the trial with regard to non-production of the material exhibits relating to those articles. This Court is thus satisfied that petitioner has made out a case for release of silver coins/ornaments and cash seized from him. The court below is at liberty to take appropriate bond/indemnity bond/security and impose conditions as it may deem fit for release of the aforesaid articles. Aforesaid articles, however, must be released within two weeks from the date of production of a copy of the order. The application is disposed of with the aforesaid directions. pkj ( Kishore K. Mandal, J. )