IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36324 of 2008 Anil Kumar Singh @ Tinku Singh, son of Banke BahadurSingh, resident of Mukundpur Bhath, Police Station- Jandaha, District- Vaishali. ….. Petitioner Versus The State Of Bihar …. Opposite Party For the Petitioner: Mr. Ashutosh Kumar, Advocate. For the State : Mr. Jharkhandi Upadhayay, Advocate. ----------- 2. 15.07.2011. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner has filed an application for release of motorcycle duly recorded in his name which is numbered as BR 31-C-6811. The Court below has refused to release the said motorcycle on the ground that it was utilized for committing an offence under Section 392 of the Indian Penal Code. The motorcycle was recovered from the petitioner on the basis of confessional statement made by co-accused. Obviously, a seizure list would have been prepared. In the circumstances, I do not see that there should be any difficulty in releasing the motorcycle in favour of the petitioner subject to the satisfaction of Judicial Magistrate, Ist Class, Hajipur in Jandaha P.S. Case No. 43 of 2007 provided he will give an undertaking that he would produce the motorcycle if and when required by the Court below. Since, this matter is of the years 2008, it may be, that the case has already concluded. In case, the case has concluded in favor of the petitioner nothing more is required to be said, if 2 the result of the case is against the petitioner the consequences obviously will follow. This application is dismissed. Md. Ibrarul (Sheema Ali Khan ,J.)