IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.19941 OF 2008 VINAY KUMAR SINGH, SON OF LATE TRIBENI SINGH, RESIDENT OF VILLGE KARWA BALRAM, POLICE STATION KARPI, DISTRICT ARWAL …………………………………………………………………PETITIONER VERSUS THE STATE OF BIHAR ………………………………….OPPOSITE PARTY ********* 3 30/07/2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner has filed this application for quashing the orders dated 29.03.2007 and 10.11.2006 passed by the Additional Sessions Judge, Fast Track Court No. II, Patna and Shri Deepak Kumar, Judicial Magistrate, 1st Class, Patna City, Patna by which the application of the petitioner to release Omni Van bearing registration no. BR 25/0011P in favour of the petitioner was rejected. The Revisional Court has found that the owner book is in the name of one Satish Kumar, son of Krishna Narain Sharma resident of Jehanabad district. Learned Counsel for the petitioner submits that at the stage when the matter was being heard by the Courts below, the Omni Van was not transferred in the name of the petitioner and as such the Court below rejected the application of the petitioner. Before this Court, the petitioner has annexed the - 2 - transfer documents and the ownership book to indicate that Satish Kumar has transferred the said van in favour of the petitioner. I accordingly direct the petitioner to file a fresh application before the Court of Shri Deepak Kumar, Judicial Magistrate, 1st Class, Patna City, Patna or his successor Court impleading Satish Kumar son of Krishna Narain Sharma as Opposite Party. The Court below will issue notice to Satish Kumar and in case Satish Kumar appears suo motu and files an affidavit and necessary documents before the Court below, all such materials would be considered by the Court below who will pass an order in this matter as expeditiously as possible. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )