IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1455 of 2010 MD.KAISHAR TAJ, SON OF MD. AINUL HAQUE, RESIDENT OF VILLAGE MIRZAPUR BARDAH, P.S. MUFFASIL, DISTRICT MUNGER. ---- PETITIONER Versus THE STATE OF BIHAR ---- OPPOSITE PARTY For the petitioner :- Mr. Raj Kumar Choudhary, Advocate For the State :- Mr. Jharkhandi Upadhyay, A.P.P. ----------- 2 11.5.2010 This application has been filed against the order dated 23.2.2008, passed by the Sub-divisional Judicial Magistrate, Munger and the order dated 19.4.2008, passed by the Additional Sessions Judge, Fast Track Court No. IV, Munger. The petitioner’s motorcycle was seized in Jamalpur P.S. Case No. 105 of 2007 as it was alleged that one Md. Firoj was found carrying illegal arms on the said motorcycle. The defence raised on behalf of Md. Kaishar Taj, the petitioner is that Md. Firoj had borrowed the motorcycle from him, and that he was not involved in carrying of the arms. Whatever be the defence of the petitioner, the fact remains that the motorcycle was seized and is lying at Jamalpur police station. The Court below had called for a report from the police station which was submitted on 18.2.2005 which indicates that the motorcycle was seized because of the fact that Md. Firoz was caught carrying illegal arms. In the circumstances, the Sub-divisional Judicial Magistrate, Munger is directed to release the motorcycle in favour of the petitioner Md. Kaishar Taj bearing Registration 2 No. BR-08B-0801 if the Court is satisfied that the motorcycle belongs to the petitioner to its own satisfaction. This application is allowed and the orders impugned are quashed. Sanjay (Sheema Ali Khan, J.)