IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.54178 of 2007 Dhananjay Yadav, Son of Paras Nath Yadav, Resident of Village Bakhari, P.S. Siswan, District Siwan. ------ Petitioner Versus 1. The State of Bihar. 2. Officer In-charge, P.S. Siswan, Dist. Siwan. ------ Opposite Parties ----------- 4 18.8.2009 Heard Mr. Naresh Dixit, learned counsel appearing on behalf of the petitioner. No one appears on behalf of the State. Despite service of notice on opposite party no.2, he too has remained unrepresented. The prayer in this application is for release of the rifle of the petitioner which was seized in connection with Siswan P.S. Case No. 68 of 2005. Learned counsel for the petitioner, while assailing the impugned orders passed by the court below, would submit that there is hardly any doubt as with regard to the identification of the rifle and that even if the rifle is wanted as a material exhibit either in Siswan P.S. Case No. 68 of 2005 or Siswan P.S. Case No. 76 of 2004, the same would be produced by the petitioner as and when directed by the trial court. Counsel for the petitioner would also submit that the 2 petitioner has got no criminal antecedent and that it was his rifle which was recovered from one Ajay Singh against whom the aforementioned Siswan P.S. Case No. 76 of 2004 is pending trial before the sessions court. Considering the aforementioned aspect of the matter, this Court is of the view that no useful purpose will be served by keeping the rifle in question in custody of the court till the disposal of both the aforementioned cases. This Court, therefore, would direct the petitioner to furnish security equivalent to price of the rifle in question to the satisfaction of the court below along with a clear undertaking that as and when the same will be required, the rifle in question will be produced by the petitioner without any delay and non-compliance of the said undertaking by itself would entail forfeiture of the amount of security furnished by him. Such rifle of-course after being utilized for its being used as a material exhibit in the concerned aforementioned two cases will be returned back to the petitioner preferably on the same day. The court below, 3 however before releasing the rifle in favour of petitioner will also ascertain in view of the undertaking given by the learned counsel of the petitioner that the petitioner has got no criminal antecedent. If the aforementioned conditions are complied, only then the petitioner’s rifle will be released by the court below. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)