IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4830 of 2011 LAKSHMI KANT OJHA, S/o Late Hari Narayan Ojha, R/o Village-Kalyanpur, P.S.- Bihiyan, District-Bhojpur at Ara. Versus THE STATE OF BIHAR ----------- 02. 14.02.2011 The petitioner seeks quashing of the order dated 20.12.2010 passed in Bounsi P.S. Case No. 198 of 2010 by which the Court below has refused to release the truck bearing No. WB- 41E-2687 in favour of the petitioner. It has been submitted that the truck of the petitioner was seized while it was loaded with fertilizer which became the subject matter of the present case. The submission is that the truck is not the subject matter of the case since it was only used for carrying the goods concerned which was prohibited as per the allegation and, therefore, in absence of any material that there was doubt with regard to owner of the truck the refusal was bad. Considering the same, the application is allowed and the Court below is directed to scrutinize the papers filed on behalf of the petitioner to ascertain the ownership and thereafter pass appropriate orders with regard to release of the same in favour of the petitioner on a surety to be fixed by it. The petitioner shall give an undertaking that he will not sell the truck during the pendency of the present case nor will he dispute the non-production of the same during trial. Let this order be communicated to the Chief Judicial Magistrate, Banka through FAX in connection with Bounsi P.S. Case No. 198 of 2010 at the cost of the petitioner. Vikash/- (Anjana Prakash, J.)