IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.41620 OF 2009 KALO DEVI, WIFE OF KOMAL YADAV, RESIDENT OF VILLAGE SANDH KE BIGHA, POLICE STATION KARAI PARSURAI, DISTRICT NALANDA VERSUS THE STATE OF BIHAR ******* 2 25/02/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed for quashing the order dated 21.10.2009 passed in Criminal Revision No. 54 of 2009/235 of 2009 by the 1st Additional Sessions Judge, Hilsa affirming the order dated 18.07.2009 passed in Hilsa (karai) Police Station Case no. 22 of 2009 by which the Additional Chief Judicial Magistrate, Hilsa has rejected the petition filed on behalf of the petitioner to release a black cow, a she-calf and a solar plate in favour of the petitioner. An application was filed for release of one black cow, one she-calf and one solar plate which was recovered from the house of Komal Yadav. A case being Hilsa (Karai Parsurai) Police Station Case No. 22 of 2009 dated 11.06.2009 was instituted by the informant S. H. O., Karai Parsurai Police Station, Nalanda under Section 414 of the Indian Penal Code. Counsel for the petitioner submits that infact there is no case registered under Section 379 of the 2 Indian Penal Code which would indicate that the articles have been stolen from the house of any particular person. If there is any theft of any article reported, it cannot be definitely said that the articles are stolen property or even prima facie ascertained that the articles are stolen. Unless, the Investigating Officer determines that these are stolen articles, I fail to see how a case under Section 414 of the Indian Penal Code has been registered. The Court ought to examine whether there is any case of theft of a black cow, one she-calf and one solar plate in the Police Station concerned which would help the Court to decide whether these articles are stolen or not. It is another aspect that the accused Komal Yadav is absconder and has not surrendered before the Court below. An application has been filed by his wife for release of these articles. I, thus, remand the matter back to the Additional Chief Judicial Magistrate, Hilsa (Nalanda) to determine whether any case is instituted for the theft of the aforesaid animals and solar plate and thereafter pass appropriate orders with respect to the release of the two animals and one solar plate. This can be done by calling for a report from 3 the Investigating Officer of the Police Station concerned. The orders dated 21.10.2009 and 18.07.2009 are hereby quashed with the direction to proceed in the manner aforesaid. This application is allowed to the extent indicated above. Let a copy of this order be communicated to the Court of the Additional Chief Judicial Magistrate, Hilsa (Nalanda) in connection with Hilsa (karai) Police Station Case No. 222 of 2009 through fax at the cost of the petitioner. Anand ( Sheema Ali Khan, J.)