IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.919 of 2008 SARDAR UPENDRA SINGH Versus STATE OF BIHAR & ANR ----------- 4 5.12.2008 KHAN In the instant writ petition the petitioner prays for release of his tractor bearing no.BR-11B-4458 and Trailor No.BR-11B-9551 said to be seized in Sadar Dagarua P.S. Case No.198 of 2008 dated 28.5.2008. Learned counsel for the petitioner submits that the tractor was seized on 25.5.2008 without valid authorization but the case was instituted on 28.5.2008 being Sadar Dagarua P.S. Case No.198 of 2008, as would be evident from Annexure-2. He further submits that the M.V.I. has also reported that the tractor need not be detained any further in the case. Learned State counsel submits that the Chief Judicial Magistrate, Purnea has fixed 8.12.2008 as the date for hearing on the release matter. In view of the fact that the Chief Judicial Magistrate, Purnea has already fixed 8.12.2008 as the date for hearing on the release matter, I do not find it appropriate to pass any order on the present writ petition. This writ petition is disposed of with a direction that the Chief Judicial Magistrate, Purnea will dispose of the matter concerning release of the vehicle in light of the various pronouncements of the Apex Court in such cases. (S.P.Singh,J) - 2 -