IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16969 of 2011 Ajit Kumar & Anr. Versus The State Of Bihar ---------------------------------- 3/ 09/12/2011 Heard learned counsel for the petitioner and learned Additional P.P. for the State. Petitioners have unsuccessfully twice approached before the learned lower court and then under Cr.Revision No.91/2010 before the learned Sessions Judge, Jehanabad making prayer for release of his motorcycle bearing registration no.BR-25-A-2517 as well as mobile set which has successively been rejected by the court concerned. At the wee hours, police apprehended arms, motorcycle along with persons at the half constructed Animal Husbandry Hospital Building near Tehta High School. Two motorcycles were seized therefrom one belonging to petitioner, Ajit Kumar and from the possession of petitioner no.2, Asit Kumar a mobile set has been seized. Petitioners have made prayer for release but could not succeed. It has been contended on behalf of the petitioner that there is no dispute with regard to the ownership. Also submitted that the properties are lying uncared at the police station and will lose its identity if it is allowed to remain 2 there. Also submitted that petitioner is ready to abide by the condition if any imposed by the court. The learned APP did not dispute over the prayer made by the petitioner. In the aforesaid facts and circumstances of the case, it is ordered that the seized motor cycle bearing registration no. BR-25-A-2517 be released in favour of petitioner Ajit Kumar on a bank guarantee of Rs.50,000/- with a condition that (a) the transfer of owner-ship shall not be effected till disposal of the case (b) will be produced before the court concerned whenever and wherever so directed (c) will not indulge in any other criminal offence otherwise, privilege granted by the order impugned will cease to effect. Learned lower court before issuing release order will verify the genuineness of the document having in favour of petitioner with regard to the motorcycle. So far Mobile bearing no. 35196903332 set is concerned the same be returned to the petitioner no.2, Asit Kumar on a bank guarantee of Rs.2000/- with the conditions that (a) the transfer of owner-ship shall not be effected till disposal of the case (b) will be produced before the court concerned whenever and wherever so directed (c) will not indulge in any other criminal 3 offence otherwise, privilege granted by the order impugned will cease to effect. Accordingly, the successive order passed by the learned lower court is set aside. The petition is allowed. Let a copy of this order be communicated to the court concerned by FAX at the cost of the petitioners. perwez (Aditya Kumar Trivedi,J.)