IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13741 of 2008 MANJU VADINI AND ANOTHER. Versus STATE OF BIHAR ----------- 2. 17.7.2008. Heard the counsel for the petitioners and counsel appearing on behalf of the State. The petitioners have challenged the order dated 5.1.2008 by which the application for release of the Maruti 800 Car bearing registration no.BR-11C/0443 and two sets of Mobile Phone Nos. 9431250563 and 9234350995 in favour of the petitioner no.2, which have been seized by the Officer-in-charge of K. Hat police station has been rejected by the Chief Judicial Magistrate, Purnea and further order dated 13.2.2008 passed by Sessions Judge, Purnea in Criminal Revision No. 31 of 2008. The petitioners are not named in the First Information Report. The prosecution case is that a body was thrown out from a white Maruti Car and the petitioners who were travelling in a Maruti Car were held and arrested by the officer-in-charge of K. Hat Police Station. Learned counsel for the petitioners submits that the order dated 5.1.2008 merely states that the Maruti Car is required as a material exhibit and therefore can not release to the petitioners. The petitioner no.2 who is the owner of the Maruti Car has produced the papers regarding ownership of the said vehicle and showing that the Car is registered in his name. There can be no - 2 - justification for keeping the seized Car in the police station as it would result in damaged and waste of the Car in question. In the circumstances, I order to the Chief Judicial Magistrate, Purnea to release the Maruti Car bearing registration no. BR-11C/0443 which is in ‘Saleti’ colour and two sets of Mobile Phones Nos. 9431250563 and 9234350995 in favour of the petitioner no.2,namely, Dr. Dharmendra Kumar Dhiraj after being satisfied with the petitioner no.2 possesses all the required documents to show that the said Maruti 800 Car belongs to him/his wife subject to the usual conditions in K. Hat P. S. Case No. 141 of 2007 giving rise to Sessions Trial No. 844 of 2007 within a period of one month from the date of production/receipt of this order. This application is according allowed. The petitioners are permitted to deposit the cost of fax to communicate the order to the Fast Track Court No. IX, Purnea in connection with K. Hat P. S. Case No. 141 of 2007 giving rise to Sessions Trial No. 844 of 2007. U.K. (Sheema Ali Khan,J)