IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43054 of 2009 SANJAY KUMAR DUBEY, S/o Sri Prem Chand Dubey. Versus THE STATE OF BIHAR ----------- 02. 19.08.2010 The petitioner seeks quashing of the order dated 10.11.2009 passed by 7th Additional Sessions Judge, East Champaran, Motihari in N.D.P.S. Case No. 46 of 2009 by which he has refused to release the motor-cycle bearing No. BR-05E 2981 in favour of the petitioner. The Counsel for the petitioner has submitted that there is no dispute with regard to the owner-ship of the motor-cycle and the same is definitely not required as a material exhibit during trial. Considering the same the order dated 10.11.2009 passed by 7th Additional Session Judge, East Champaran, Motihari in N.D.P.S. Case No. 46 of 2009 is set aside with a further direction to the court below to scrutinize the documents of the petitioner and release the vehicle in question if there is no dispute with regard to the owner-ship on a surety to be fixed by the court below. The petitioner will also file an undertaking that he will not object to it not being produced as material exhibit during trial nor he will he sell the same during the pendency of the case. With this observation, the application is allowed. Vikash/- (Anjana Prakash, J.)