IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43154 of 2009 RAKESH TIWARI sonof late Sudama Tiwari, resident of village- Dadar, P.S.Mohania, District-Kaimur at Bhabua Versus STATE OF BIHAR ----------- 2 31.08.2010 The petitioner is aggrieved by the order dated 27.08.2009 passed by First Additional Sessions Judge, Kaimur at Bhabua by which he has refused to release the Bajaj Discover motorcycle bearing No. BR45A-0750, Chesis No. MD2DSDSZZ NCB 67853 and Engine No. 52DB101210 which was seized in Mohania P.S. Case No. 9 of 2009. The submission of the counsel for the petitioner is that the motorcycle is not required during trial since that was not the part of the offence which have been committed. The further submission is that till date no confiscation proceeding have been initiated with regard to the motorcycle and therefore refusal on this count by the Court below is completely unwarranted. Considering the same this application is allowed, the Bajaj Discover motorcycle bearing No. BR45A-0750 is directed to be released in favour of the petitioner on the surety to be fixed by it after due 2 verification of the papers and in case photographs have to be taken the same shall be taken for purposes of trial. A further direction is given to the petitioner to give undertaking that he shall not dispose off the vehicle till the end of the trial nor shall he refuse to producing the motorcycle if required. The order be communicated through fax at the cost of the petitioner. Bibhash ( Anjana Prakash, J.)