IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34313 of 2010 MD. YASIN, S/o Chhedi Mian, R/o Village-Ghorpakari, P.S.-Inarwa, District-West Champaran. Versus THE STATE OF BIHAR ----------- 02. 28.10.2010 The petitioner is aggrieved by the order dated 23.07.2010 passed by Additional Sessions Judge, F.T.C.-I, West Champaran, Bettiah by which he has affirmed the order dated 03.06.2010 passed by Chief Judicial Magistrate, West Champaran in Inarwa P.S. Case No. 31 of 2009 by which the tractor bearing Registration No. BR-22- A-0157 and trailor bearing Registration No. BR-22-G-3708 has been dismissed. The facts of the case is that the tractor and the trailor was seized with loaded fertilizer which the petitioner was allegedly driving. It is submitted that there is no dispute with regard to the owner-ship of the tractor and trailor and by no stretch of imagination would the same be required as material exhibit in the case. Considering the same, this application is allowed and the order dated 23.07.2010 passed by Additional Sessions Judge, F.T.C.-I, West Champaran, Bettiah by which he has affirmed the order dated 03.06.2010 passed by Chief Judicial Magistrate, West Champaran in Inarwa P.S. Case No. 31 of 2009 is quashed. The Chief Judicial Magistrate, West Champaran, 2 Bettiah is directed to release the tractor and trailor with the details mentioned above on a surety to be fixed by it after due verification of the papers. The petitioner is also directed to file an undertaking that he shall not dispose off the tractor and trailer during the pendency of the present case. Let this order be communicated through FAX at the cost of the petitioner. Vikash/- (Anjana Prakash, J.)