IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.5902 of 2011 ============================================= 1. PARMESHWAR SINGH SON OF WARYAN SINGH, RESIDENT OF SAIDPURA (BADPURA),P.S. NANDED, DISTRICT NANDED (MAHARASTARA) 2. BHAGVAN DAS ARRORA, SON OF LATE HANSH RAJ ARORA, RESIDENT OF S.N.T. ROAD, P.S. PRADHAN NAGAR, DISTRICT DARZILLING (WEST BENGAL) Versus The State Of Bihar ------- 03. 28.07.2011 Heard learned counsel for the petitioner and the State. The petitioner prays for quashing of the part of the impugned order dated 05.02.2011 passed by Additional Chief Judicial Magistrate, Jhanjharpur in Phulparas P.S. Case No. 43 of 2010 (G.R. No. 209 of 2010). By the impugned order, the court below has ordered release of the two trucks in question out of seven involved in the case on execution of bond and other undertakings. Learned counsel appearing for the petitioners submits that previously also for release of trucks the concerned had approached this court. In the same sequence two of the trucks in question involved have been released merely on furnishing bonds of the value of the trucks by the court below, however in the present case the court below directed for release on furnishing bond for much higher value and other undertakings. Learned counsel submits that the trucks directed to be released 2 under the order may also be released on furnishing the bond of the value of trucks in question. In this regular reference is made to the order dated 19.08.2010 passed in Cr. Misc. No. 30434 of 2010 (Annexure-2) and the order dated 11.05.2011 passed in Cr. Misc. No. 16392 of 2011. Learned counsel for the State is not in a position to refute the submissions made on behalf of the petitioners. Considering the facts and circumstance of the case and the submissions of the parties, in case other two trucks also involved in the lot of seized vehicles in the above police case, as submitted, have been released on furnishing bonds of the value of the truck, the impugned order is modified only to the extent that the same terms and conditions shall be applicable for release of the vehicles under the impugned order subject to the final result of the above case/confiscation proceeding, if any. This criminal miscellaneous application stands disposed as indicated above. This order may be communicated to the court below through FAX on the cost being deposited by the petitioners. Jagdish/ ( Shailesh Kumar Sinha, J.)