IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8074 of 2009 RAM KUMAR SINGH & ANR Versus THE STATE OF BIHAR ----------- 02 13.07.2009 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners challenged the order dated 27.1.2009 by which the court has rejected the application of the petitioner to release the vehicles namely Tata Magic Van Bearing No. BR-1AP-9084 and Mahindra Van Bearing No. BR-1AP-7140 which was seized as they were found to carrying/transporting illegal Kerosene Oil. It is an admitted fact that a confiscation proceeding has been instituted by the Collector of the District. Learned counsel for the petitioner submits that he is the owner of the vehicles and he was not involved and had no knowledge about the illegal transportation of the Kerosene Oil. Nevertheless, prayer has been made that the vehicle may be released in his favour, subject to the confirmation of ownership in the court below and also subject to the result of confiscation proceedings. Accordingly I dispose of this application 2 with the direction to the court concerned to consider whether the petitioners are the owner of the vehicles and after being satisfied, the J.M. Ist Class, Danapur, Patna may release the Van/Jeep in favour of the petitioners subject to his own satisfaction and with a condition that the release order is being passed subject to the result of confiscation proceedings against these petitioners. This application is accordingly disposed of. Learned counsel for the petitioner is permitted to deposit the cost of Fax by 14th of July, 2009, for communication of the order to the concerned court. P.K. (Sheema Ali Khan, J.)