IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47981 of 2008 DEV CHANDRA JHA, SON OF LATE KAMAL NARAYAN JHA, RESIDENT OF VILLAGE NAVTOL, P.S. BHAIRAV ASTHAN, DISTRICT MADHUBANI. ----- PETITIONER Versus THE STATE OF BIHAR ----- OPPOSITE PARTY ----------- 2 8.10.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for challenging the order dated 19.6.2008 passed by Sri Santosh Kumar Srivastava, Fast Track Court No. IV, Madhubani in S.T. No. 589 of 2006 by which the Court below has refused to release the tractor in the name of the accused petitioner Dev Chandra Jha. There appears to be no dispute about the fact that the tractor belongs to Dev Chandra Jha and is hypothecated to the Central Bank of India. In this case the tractor has been seized on the ground that the deceased died due to the tractor falling on his body. Whatever be the facts of the case, I direct that the tractor should be released in favour of the petitioner if the Court below is satisfied that the tractor belongs to the petitioner and the petitioner should produce all the documents showing his ownership etc. to the satisfaction of the Court releasing the tractor. This application is thus allowed and the order dated 19.6.2008 is set aside. Sanjay (Sheema Ali Khan, J.)