IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17408 of 2008 SANTOSH KUMAR Versus STATE OF BIHAR ----------- 4 30.4.2010 Heard counsel for the petitioner and the State. The petitioner seeks quashing of the order dated 20.2.2008 passed by the F.T.C.V, Bhojpur at Arrah in S.Tr.No.514 of 2007 by which he has rejected the prayer of the petitioner for release of a sum of Rs.10,000/- which was seized by the police from his bed room in connection with Shahpur P.S. Case No.20 of 2007 although he is not an accused in the said case. The petitioner submits that only his brother is an accused in Shahpur P.S. Case No.20 of 2007 and even charge sheet has not been submitted against him. He submits that the father of the petitioner withdrew a sum of Rs.29,000/- from the State Bank of India, Sarika Branch, Hazaribagh in the State of Jharkhand in denomination of Rs.500/- for the purpose of marriage of his grand daughter Usha Kumari, as would be evident from copies of pass book contained in Annexure-4. He further submits that the petitioner is willing to furnish adequate security for release of the aforesaid amount. Counsel for the State submits that the brother of the petitioner is an accused and there is every possibility that the petitioner might be hiding the money for his brother. It appears that the petitioner is neither named in the F.I.R. 2 KHAN nor his name figured in the charge sheet. Further more, it appears that about Rs.29,000/- was withdrawn by the father of the petitioner in denomination of Rs.500/-. In the circumstances, this court directs for release of the seized amount of Rs.10,000/- in favour of the petitioner on his furnishing adequate security to the satisfaction of the trial court. The trial court may keep one or two of the notes for purposes of material exhibit in the trial, if so required. For the reasons stated, the impugned order dated 20.2.2008 passed by the F.T.C.V, Bhojpur at Arraha in S.Tr.No.514 of 2007 is set aside. In the result, this application is allowed. (S.P.Singh,J)