IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35213 of 2010 SANTOSH KUMAR, S/o Baban Rawani, R/o Mohalla-Maruti Nagar, Deviasthan, P.S.-Arrah Town, District-Bhojpur. Versus THE STATE OF BIHAR. ----------- 02. 28.10.2010 The petitioner has sought quashing of the order dated 22.03.2010 passed by Sessions Judge, Bhojpur at Arrah by which he has refused to release the motor-cycle in favour of the petitioner in Arrah Nawada P.S. Case No. 342 of 2009 dated 07.10.2009. The background of the case is that the petitioner’s brother was arrested with motor-cycle bearing No. BR-3B-0620, Chasis No. 02J21C08941 but the engine number was erased. The petitioner who claims to be the bona fide owner of the said motor-cycle prayed for releasing the motor-cycle but unfortunately the police reported that the engine number had been erased and, therefore, he could not be held to be a bona fide owner. In the facts of the case the matter is remanded to the Sessions Judge, Arrah who will get the motor-cycle examined by an independent witness so that he can give his best report in this regard and thereafter pass appropriate orders within six weeks from the receipt of this order. With this observation, the matter is disposed off. Let this order be communicated through FAX at the cost of the petitioner. Vikash/- (Anjana Prakash, J.)