IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43944 of 2009 RAM CHANDRA NIRALA, son of Shiv Shankar Sah, village Ghat Bhandardih, PS Mahagam, district Godda – petitioner. Versus STATE OF BIHAR ----------- 2 12.3.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 6.11.2009 passed by the Additional District and Sessions Judge, FTC IV, Banka in Cr. Revision No. 290/2009 and the order, dated 29.8.2009 passed by the Chief Judicial Magistrate Incharge, Banka in Rajoun PS Case No. 112/2009 by which the petition for release of Bolero jeep bearing registration No. JH 17A 2134 has been rejected. The allegation is that the jeep in question was allegedly carrying illicit liquor for which the aforesaid police case was instituted. The impugned order, dated 29.8.2009 indicates that the release has not been made in favour of the petitioner for various reasons. It is said that the village has been wrongly described in the petition and does not tally with the address in the insurance papers. The Engine and Chassis numbers do not tally as reported by the Investigating Officer and that they do not tally with the certificate of registration. Learned counsel for the petitioner points out that the address given in the petition filed in the court below was because of typing error which was over looked by counsel appearing on his 2 behalf and that his address has rightly been given in the insurance papers etc. Moreover, I find that the Investigating officer has not doubted the fact that the Bolero jeep belongs to the petitioner. The next objection taken by the court below was with respect to the difference in the Engine and Chassis numbers. The court refers to the report of the Investigating Officer which points out the discrepancy and has not referred to the second report sent by the Investigating Officer in which it is mentioned that it is nothing but the mistake of the printer. It appears that the Investigating Officer has not disputed the fact that the jeep belongs to the petitioner and, therefore, the objection raised by the counsel for the State in the court below does not appear to be justified. On considering all aspects I direct that Bolero jeep bearing registration No. JH 17A 2134 should be released in favour of the petitioner to the satisfaction of the Judicial Magistrate, Ist Class, Banka. This application is allowed. haque (Sheema Ali Khan, J.)