IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38231 of 2008 JITENDRA KUMAR SINGH @ JITENDRA SINGH, SON OF BASUDEV SINGH, RESIDENT OF VILLAGE HIRA CHHAPRA, P.S. ADAPUR, DISTRICT EAST CHAMPARAN. --- PETITIONER Versus THE STATE OF BIHAR ---- OPPOSITE PARTY ----------- 2 18.3.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed against the order dated 22.2.2008, passed in Sessions Trial No. 67 of 2008, by the 3rd Additional Sessions Judge, East Champaran, Motihari. A case was instituted under Sections 353, 307, 414 and 34 of the Indian Penal Code in which it was alleged that the police got information that some criminals were hiding in the house of one Pradeep Tiwari. They went to the house and caught Pradeep Tiwari and Vinod Rai. On search one Auto pistol and one Nokia Mobile were recovered from the possession of Pradeep Tiwari. One Bajaj Discover Motorcycle was also recovered from the spot. It is said that the co-accused persons named the petitioner and the police has alleged that petitioner was firing while skipping from the spot. An application has been filed by Jitendra Kumar Singh @ Jitendra Singh, the petitioner praying for release of the Bajaj Discover Motorcycle claiming that it belongs to him. The Court had called for a report from the police station. The report indicates that after verification it has come to light that the motorcycle in question belongs to the petitioner and is duly registered in his name. Considering the aforesaid fact, I direct that the 3rd 2 Additional Sessions Judge, East Champaran, Motihari should release the motorcycle in favour of the petitioner subject to production of the required documents and to his satisfaction. It is made clear that none of the accused persons can take a defence during the trial that the motorcycle has not been produced as an exhibit. The seizure list would be indicative of the fact that the motorcycle was seized on the spot. This application is disposed of with the aforesaid observations. Counsel for the petitioner is permitted to deposit the cost of FAX for communicating this order to the concerned Court. Sanjay (Sheema Ali Khan, J.)