IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30425 of 2010 RAMASHANKAR PANDEY @ DUDUL PANDEY, S/o Malu Pandey, R/o Village-Maudihara, P.S.-Natwar, District-Rohtas. Versus THE STATE OF BIHAR ----------- 03. 28.10.2010 The petitioner is aggrieved with the order dated 13.04.2010 passed by Judicial Magistrate, Bikramganj in Natwar P.S. Case No. 43 of 2008 by which he has refused to release the tractor and trailor in question in favour of the petitioner. The facts of the case is that the petitioner instituted a case against one Ram Narain Choudhary that despite acceptance of part of the money agreed upon for sale of tractor and trailor he did not accept the sale deed but handed over the tractor and trailor to the petitioner for use. After institution of the case by the petitioner he deposited the tractor and trailor at the Police Station apprehending that he would be implicated in a case of theft. Considering the facts of the present case, the matter is remanded to the Judicial Magistrate, Bikramganj to notice Ram Narain Choudhary and verify as to whether there was an agreement for sale between the parties and whether the petitioner had paid him part of the money. In case the accused does not dispute this fact he shall pass an appropriate order for releasing the tractor and trailor. 2 The learned Court should also make genuine efforts to ensure that the tractor and trailor had been kept safely in the premises of the Police Station since it would mean wastage of the national wealth. The order shall be passed within six weeks from the date of receipt of this order. With this observation, the application is disposed off. Vikash/- (Anjana Prakash, J.)