IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26823 of 2010 AMLESH PRASAD SON OF SRI KANHAIYA PRASAD, RESIDENT OF VILLAGE BELWA, P.S. PALANWAN, DISTRICT EAST CHAMPARAN, AT MOTIHARI ….. PETITIONER. Versus THE STATE OF BIHAR ………… OPPOSITE PARTY ----------- 2. 24.8.2010 The petitioner seeks quashing of the order dated 22.4.2010 passed by Sessions Judge, East Champaran at Motihari in Cr. Revision No.107 of 2010 and order dated 1.4.2010 passed by S.D.J.M., Raxaul at Motihari in Adapur (Harpur) P.S.case No.5 of 2010 by which he has refused to release the Marshal Jeep bearing registration No.BR-05-P- 1171 in favour of the petitioner. It has been submitted that there is no dispute that the petitioner became the owner of Marshal Jeep bearing registration No.BR-05-P-1171 after the accident and, therefore, the refusal of the courts below to release the said vehicle in favour of the petitioner is totally illegal. Considering the same, this application is allowed and the order dated 22.4.2010 passed by Sessions Judge, East Champaran at Motihari in Cr. Revision No.107 of 2010 and order dated 1.4.2010 passed by S.D.J.M., Raxaul at Motihari in Adapur (Harpur) P.S.case No.5 of 2010 are hereby quashed with a direction to the trial court to release the Marshal jeep bearing registration No. BR-05-P-1171 on its satisfaction after full verification of the papers. The petitioner will give an undertaking that he shall produce the vehicle as - 2 - and when required during the trial and shall not dispose/sell it of during the pendency of the trial. The order be communicated to the court concerned through fax at the cost of the petitioner. Narendra/ ( Anjana Prakash, J. )