IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.25495 of 2009 MUNNA KUMAR son of late Baleshwar Prasad, Resident of village-Natwar, P.S. Natwar, District- Rohtas ...Petitioner Versus 1. THE STATE OF BIHAR & 2. Ranjit Kumar Singh, Station House Officer, Bikramganj, Rohtas … Opposite Parties ----------- 2/ 11.08.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks quashing of the order dated 9.2.2009 passed by the Sessions Judge, Rohtas at Sasaram, in Cr. Misc. No.01 of 2009, by which he has revoked the earlier order dated 6.12.2008 passed in Cr. Rev. no. 280 of 2008 and the order dated 23.2.2008 passed in Cr. Misc. No. 44 of 2008, by which the vehicle (BR 15L 1099) was ordered to be released in favour of the petitioner. The case of the prosecution was that the vehicle, in question, was intercepted on suspicion of it being stolen and thereafter verification was done but the initial verification did not reveal any thing serious except some discrepancy in the model number. On this score, initially the Magistrate concerned refused to release the vehicle in favour of the petitioner but the revisional court allowed the same and thereafter even the Magistrate concerned asked show cause from the Officer-in-charge as to why despite the revisional order the vehicle was not being released in favour of the petitioner. At this stage, the Officer-in-charge reported that the chasis number had been tampered with and, therefore, it was not safe to release the same. In my view, this can not be the reason for not releasing the vehicle and the only consideration should be whether the petitioner is - 2 - the rightful owner of the said vehicle and whether the petitioner is ready to produce the vehicle as and when it is required by the trial court. In view of such, BOLERO vehicle bearing no. BR 15L- 1099 be released in favour of the petitioner, who shall file an undertaking before the court below that he shall not transfer the ownership of the same to anyone during the pendency of the case and will produce the vehicle as when required by the trial court, on such surety as well as terms and conditions as may deem it fit and proper. Application stands allowed. Let this order be communicated to the Sessions Judge, Rohtas at Sasaram, in connection with Cr. Misc. No.01 of 2009, through FAX at the cost of the petitioner. JA/- (Anjana Prakash, J.)