IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.20647 of 2009 Ajay Nath Jha son of Sri Dayanath Jha, resident of Plot No.A/3, Gate No.2, Transport Nagar, P.S.-Agamkuan, Patna, at present Manager M/s Gati Limited …Petitioner Versus The State Of Bihar …OP ----------- 2/ 30.06.2011 Heard the parties. The petitioner seeks quashing of the order dated 05.05.2009 passed by the Additional Chief Judicial Magistrate, Patna City, in Agam Kuan P.S. Case No.85 of 2009, by which the application for release of certain articles has been disallowed. The background facts of the case is that petitioner filed a complaint stating therein that a theft had been committed in his godown by his employees whereafter stolen goods were recovered. When the petitioner made a prayer for release of the 23 lanterns and 14 torches which were recovered from the possession of co-accused Anil Kumar, the court refused to release the same on the ground that the petitioner had no valid papers that he is the owner of the said articles. It has been submitted that the petitioner is the Manager of the Courier and Cargo Company and, therefore, there was no question of the petitioner having papers to show that he owned the said articles. In any event, there is no other claimant of the said articles. In view of such, the Additional Chief Judicial Magistrate, Patna City, is directed to release the articles seized in Agam Kuan P.S. Case No. 85 of 2009 in favour of the petitioner on 2 the surety to be fixed by the Court itself as also on such terms and conditions as it may deem fit and proper. The application stands allowed. Let this order be communicated to the Additional Chief Judicial Magistrate, Patna City, in connection with Agam Kuan P.S. Case No.85 of 2009 through FAX at the cot of the petitioner. JA/- (Anjana Prakash,J.)