IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.736 of 2008 NITYA NAND YADAV Versus STATE OF BIHAR ----------- 4 06.02.2009 The prayer for release of Savari vehicle in Special Case No. 14 of 2008 arising out of Narpatganj P.S. Case No. 101 of 2008 registered under Sections 7 of the Essential Commodities Act and 3(i) (a) of the Black Marketing Act. The prayer for release of the vehicle was rejected by the learned Magistrate noticing that confiscation case is proceeding. Heard learned counsel for the parties. In view of the case reported in 2003 S.C. page 638 Surendbhai Ambalal Desai Vs. State of Gujarat, this Court observes that if petitioner files an application before SDJM Araria, he would release the same after police verification of ownership on furnishing sufficient sureties. 10% of such sureties would be in terms of cash surety. The release would be subject to the result of confiscation proceeding and criminal prosecution. The petitioner would produce the vehicle as and when required in the court below. Let, the order be communicated through fax at the cost of the petitioner. Kundan (Samarendra Pratap Singh, J.)