IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42299 of 2008 TUNTUN SINGH … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Ravi Ranjan –I For the State; Shri Dashrath Mehta, APP ----------- 2. 17.11.2008 Heard. Some cattle heads belonging to the informant were attached in execution of the processes under Sections 82 and 83 of the Code of Criminal Procedure. Those were directed to be released by the court which had issued them. This is not denied as the provision under Section 85 of the Cr. P.C. provides the release of the attached property to be made to its owner subject to payment of certain costs of maintenance of livestock. The complainant alleged that in spite of being armed with an order of release in his favour and in spite of having approached the petitioner for the release, the petitioner did not do it on the ground that he had already sold it. That allegation is controverted by submitting that the petitioner was required to receive the amount 2 of maintaining the livestock at the rate fixed by the Government and the complainant thought not to pay the same and filed a false case. There could be even eventuality of an untruth in the matter which may appear after investigation. But in the facts of the case this Court directs the petitioner Tuntun Singh to be released on his furnishing a bond of Rs. 3,000/-( three thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate Sheikhpura, in Ariari P.S.Case No. 43 of 2008. What further this Court wants to direct is that the petitioner must deliver the cattle heads to the complainant after receiving the proper amount within a period of two months or make a prayer in the court which had passed the order for releasing the cattle placing the reality or the fact which he faced in the matter. Kanth ( Dharnidhar Jha, J.)