IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8816 of 2011 Manish Kumar Jain Versus The State Of Bihar ---------------------------------- 4/ 23rdNovember 2011 Heard learned counsel for the petitioner. State is absent. Earlier petitioner had challenged order dated 13.2.2011 passed by Judicial Magistrate, 1st Class, Nawada by which prayer for release of the vehicle bearing Registration No. BIN-8863 was rejected taking into account the order dated 3.5.2010 passed by learned Chief Judicial Magistrate whereby and whereunder the vehicle was directed to be released in favour of petitioner subject to certain limitation. Subsequently, when the aforesaid defect was pointed out on the previous occasion, petitioner has filed I.A. No.229/2011 by which he amended the prayer to the extent of modification of condition imposed by the learned Chief Judicial Magistrate during the course of hearing and passing order vide order dated 3.5.2010. The prayer to that extent is allowed. It is surprising that the learned Chief Judicial Magistrate laid the condition that the order of release was 2 to be made operative after surrender of accused driver. From the charge-sheet, Annexure-2, Column-11 name of driver figures who as per disclosure made in Column-16 happens to be on police bail. Therefore, there was no question for appearance of the accused before the learned Chief Judicial Magistrate during the course of investigation, the time at which the order impugned was passed. Consequent thereupon, the condition imposed by the learned Chief Judicial Magistrate appears inconsistent with the factual aspect. Hence the same is set aside. Consequent thereupon, the petition is allowed. Let this order be faxed to the court concerned at the cost of the petitioners. perwez ( Aditya Kumar Trivedi, J.)