IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24972 of 2009 1. ASHOK GUPTA, SON OF LATE RAMDHANI GUPTA 2. MADAN TANTI, SON OF BASUDEO TANTI BOTH ARE RESIDENT OF VILLAGE GIDHOUR, P.S. GIGHOUR, DISTT. JAMUI 3. BISHWANATH ACHARYA, SON OF LATE PITAMBAR ACHARYA, RESIDENT OF VILLAGE DHAMANA, P.S. JHAJHA, DISTT. JAMUI. ------- PETITIONERS. Versus THE STATE OF BIHAR ----- OPPOSITE PARTIES. ----------- 3. 12.10.2010 Heard the parties. The petitioners are aggrieved by the order dated 2.5.2009 passed by the District and Sessions Judge, Jamui, in Criminal Revision No. 82 of 2008 and the order dated 29.8.2008 passed by Sub Divisional Judicial Magistrate, Jamui, in Jhajha P.S. Case No. 13 of 2006 by which the release of empty Gas Cylinders of the petitioner seized by the Police have been refused. The prosecution case is that some unknown miscreants committed theft of 288 empty Cylinders from the godown. During investigation, 11 Cylinders were recovered from one Anil Gupta and 8 of them were released in favour the persons who were claiming to be the real owners. The petitioners also claim to be the real owner of the rest of the three Gas Cylinders. On going through the case diary in paragraph-107, it has been noted that the Investigating Agency had recommended to release of the Cylinders to the petitioners which had been seized by them. Unfortunately, the Cylinders for 2 some reasons, were not released and the petitioners submit that their Gas Cylinders have in fact, been released in favour of the Complainant. In the background of the case, the matter is remanded to the Sub Divisional Judicial Magistrate, Jamui, to pass fresh orders about release of the Gas Cylinders by noticing the Complainant and examining paragraph-107 of the case diary. With these observations, the application is disposed of. S.Ali ( Anjana Prakash, J.)