IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12054 of 2011 Gama Poddar Versus The State Of Bihar ----------- 3/ 10th August 2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Supplementary affidavit filed has been taken on record. The instant petition has been filed against an order dated 17.01.2011 passed by Additional Sessions Judge, FTC-1, Lakhisarai in Cr.Revision No. 277 of 2010 refusing the prayer of the petitioner to release the vehicle bearing registration no. BR-08-G- 4701 as well as order dated 2.11.2010 passed by Railway Judicial Magistrate, 1st Class, Kiul in RPF Jamalpur Work Shop Post Case No. 05 of 2010. On 19.05.2010 the RPF personnel seized truck in question bearing registration no. BR-08-G- 4701 loaded with property belonging to railway for which RPF Jamalpur Work Shop Post Case No. 05 of 2010 was registered under Section 3(a) R.P.(UP) Act. It has been submitted on behalf of the petitioner that he happens to be a bona fide owner of the vehicle bearing registration no. BR-O8-G-4701 which he had purchased from Munna Sah. Further 2 submitted that true it is that during pendency of the instant case, the owner book has been corrected in the light of transfer effected in his favour by Munna Sah before institution of this case but on account of anomaly created by RPF personnel, which has got no sanctity in the eye of law, the prayer has successively been rejected by the court below. On the other hand, learned APP opposed the prayer and submitted that there happens to be provision prescribed under R.P.(UP) Act to confiscate the conveyance as the same was used for transportation of railway property stealthily. Gone through the successive order. From perusal of the same, it transpires that the grounds enumerated therein appear to be in conflict. Consequent thereupon, the same is set aside. Accordingly, the instant Cr. Misc. petition is allowed. The learned lower court is directed to release the truck bearing registration no. BR-O8-G-4701 in favour of petitioner after duly verifying his claim of ownership and being satisfied thereupon on a bank guarantee of Rs.5 Lacs in connection with RPF Jamalpur Work Shop Post Case No. 05 of 2010. Petitioner will undertake that the truck bearing registration no. BR-O8-G-4701 will not be transferred 3 till pendency of case, and will be produced whenever and wherever required by the court. Let this order be faxed to the court concerned at the cost of the petitioner. perwez (Aditya Kumar Trivedi, J.)