IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.27006 of 2009 Prahlad Biyani son of Rameshwar Lal Jee, resident of village- Danthal, P.S.- Bhilwara (Rajasthan), District- Bhilwara …Petitioner Versus The State Of Bihar …OP ----------- 2/ 18.07.2011 Heard the parties. The petitioner seeks quashing of the order dated 19.06.2008 passed by the Sub-Divisional Judicial Magistrate,, Nawadah, in Tr. No.2438 of 2008 by which it has rejected the prayer of the petitioner to release Mini Truck TATA 608 bearing registration no. RJ-06-G- 4327 on the ground that truck had been seized in connection with Akbarpur P.S. Case No.17 of 2008 with explosives substance. On going through the order impugned, I find that the reasons for not releasing the vehicle are completely untenable and fit to be set aside. Accordingly, the Sub-Divisional Judicial Magistrate, Nawada, is directed to release the Mini Truck TATA 608 bearing registration no. RJ-06-G- 4327 in favour of the petitioner after verifying the documents appertaining to the same and satisfying himself that there is no disputed claim with regard to the ownership, on the sureties to be fixed by the court below itself as also on such terms and conditions and it may deem fit and proper. The petitioner shall also file an undertaking that he will produce the truck as and when it is required during trial and will not sell the same during the pendency of the trial. 2 The order regarding release of the vehicle shall be passed expeditiously. With the aforesaid observations, the application stands disposed of. JA/- (Anjana Prakash,J.)