IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37489 of 2007 ***** Bipin Bihari Rai son of Sri Awadhesh Bihari Rai, resident of village- Kotwa Narainpur, P.S. Narhi, District-Balia (U.P.). …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 6. 27.4.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The present application is directed against the order dated 18.7.2007 passed by Sri J.M.Sharma, Special Judge, Buxar in N.D.P.S. Case No.3/2005, by virtue of which the Special Judge has ordered auction of the motorcycle in question and refused to release the same in favour of the petitioner. Learned counsel representing the petitioner submits that no purpose will be served by auctioning the motorcycle, even if it is urged that it is a material exhibit in the case then the auctioning of the same may have its own reflection in the trial. Petitioner submits that he is willing to furnish any kind of surety for release of the motorcycle in the question and shall also make it available as and when the need for the same is felt by the trial Court. Looking at the insistence of the petitioner and his contention that he is willing to cooperate with the trial and produce the motorcycle in question as and when required. Let the said motorcycle be released in favour of the petitioner on furnishing surety of Rs.50,000/- to the satisfaction of the Court below. The motorcycle shall be released in favour of the petitioner if the ownership and the documents certify about the petitioner being the owner of the motorcycle in question. - 2 - The application is allowed. Pawan/- (Ajay Kumar Tripathi, J.)