IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30600 of 2009 Munna Yadav @ Munna Kumar Yadav & Ors Versus State Of Bihar ---------- For the petitioners: Mr Shiv Kumar Dwivedy, Advocate For the State : Mr Mayanand Jha, A.P.P. --------- 02 30.11.2011 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State on the point of admission and with the consent of both the parties, this petition is being disposed off at the admission stage itself. Bagaha P.S. Case no.295/2006 under sections 144, 353, 307, 414 of the IPC was registered on the basis that when the police went to get victim of a kidnapping case released, some criminals made indiscriminate firings upon the police party and after that the police party chased the aforesaid criminals and caught two of them at spot and also seized a blue coloured tractor from the place of the occurrence. Petitioners filed a petition for release of the aforesaid tractor claiming their ownership but the said petition was rejected by the learned Addl. Chief Judicial Magistrate, Bagaha holding that case was under investigation and after that petitioner preferred - 2 - Cr. Revision no.144/2007 which was disposed off by learned Addl. Sessions Judge FTC No. IV, West Champaran, Bettiah giving liberty to petitioners that the petitioners may file release petition after submission of the charge sheet and accordingly, again petitioners filed a petition for release before the learned court below but their petition was rejected by the learned court below holding that petitioners could not succeed to establish their ownership in respect of the seized tractor. Against the aforesaid order of the learned court below, petitioners again preferred Criminal Revision no. 16/2008 but the said revision was dismissed by learned Addl. Sessions Judge FTC No. IV, West Champaran, Bettiah vide order dated 19.5.2008 confirming the finding of the learned court below. Petitioners have challenged the aforesaid impugned order dated 19.5.2008 passed in the above stated Criminal Revision no. 16/2008. Learned counsel appearing for the petitioners submitted that petitioners had filed - 3 - registration certificate, owner book, purchased receipts and other documents before the learned court below as well as before the revisional court but their prayer was rejected by both the learned courts below because the chasis as well as engine numbers of the seized tractor had been erased. It is submitted by learned counsel for petitioners that it was very difficult for the petitioners to connect their papers with the aforesaid tractor because the chasis as well as engine numbers had already been erased. It is further contended by him that, as a matter of fact, the police did not take pain to see chasis as well as engine numbers of the said tractor on other parts of the above stated tractor. On the other hand, learned Addl. Public Prosecutor appearing for the State challenged the documents of the petitioners and submitted that column no.1 of the registration certificate reveals that the vehicle in respect of which the aforesaid certificate has been issued was a light motor vehicle whereas admittedly, tractor has been seized and the - 4 - tractor never comes under the definition of light motor vehicle . It is also pointed out by him that as per petitioners, they had purchased the aforesaid tractor after taking loan from the bank but the registration certificate does not contain hypothecation note. So, prima facie, documents produced on behalf of the petitioners appear to be fake and fabricated. In view of the aforesaid submissions as well as materials available on record, I do not think it proper to quash the impugned order. Accordingly, this petition stands dismissed on admission stage itself However, if the petitioners file any fresh petition before the learned court below and succeed to establish their ownership in respect of the seized tractor the learned court below may pass afresh order for release of the aforesaid tractor after his full satisfaction in respect of the documents of seized vehicle. Shahid ( Hemant Kumar Srivastava,J)