IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12276 of 2010 SHEOJI KUMAR, S/o Late Bindeshwari Kumar, R/o Village-Maniappa, P.S.-Matihani, District-Begusarai. Versus THE STATE OF BIHAR & ORS ----------- 02. 09.12.2010 The petitioner has sought quashing of the order dated 27.01.2010 passed by Sessions Judge, Begusarai in Matihani P.S. Case No. 35 of 2005 and the order dated 27.01.2010 passed by Sessions Judge, Begusarai in Cr. Rev. No. 907 of 2009. The background of the case is that the petitioner had filed a case of theft of trees from his land by the accused persons which after investigation was found to be true and a charge-sheet was submitted in the matter. The petitioner then sought release of the trees in question upon which the Court called a report from the police but the police reported that it did not find any trees either in ridge or in the possession of the petitioner and, therefore, the said trees could not be released in favour of the petitioner. Then the petitioner modified his prayer and made an application that the trees should be seized. This was an absurd prayer. In view of the police report that the trees had not been found either at the place of occurrence or in possession of the petitioner, there could be no question of seizure. Hence, the application is dismissed. Vikash/- (Anjana Prakash, J.)