IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.19325 of 2008 JAI KUMAR SINGH @ J.K.SINGH son of Late Onkar Singh, resident of village- Jaishree, Police Station- Karakat, District- Rohtas at present Qr. No. G-43 South Park Government Colony Bistupur, Jamshedpur, Police Station- Bishtupur, District- East Singhbhum (Jharkhand) …Petitioner Versus THE STATE OF BIHAR …OP ----------- 2/ 29.03.2011 Heard the parties. The petitioner has sought quashing of the order dated 13.1.2007 passed by the Judicial Magistrate, 1st class, Bikramganj, Rohtas (Sasaram), in Karakat P.S. Case No.109 of 2005, by which he has refused to release vehicle no. BR-16M-6570 in favour of the petitioner. The revisional court has upheld this order and, therefore, the petitioner has prayed for quashing also of the revisional order dated 30.05.2007 passed by the Additional Sessions Judge-cum-Fast Track Court No. II, Rohtas at Sasram, in Cr. Revision No.33 of 2007 / 4 of 2007. Background of the case is that petitioner’s brother was arrested with arms while he was going on motor cycle and he was booked under the various offence of the Arms Act. When the petitioner came to know of it, he filed an application for release of the motor cycle since it was not the subject matter of theft and there was no dispute with regard to its ownership. When such an application was filed, court below called for a report from the District Transport Officer, Jamshedpur, which was received in the court below and it appears that the petitioner was the original owner of the vehicle despite which the court below refused to release the 2 same on the ground that the petitioner’s brother was involved in two other cases which he also committed while going on the motor cycle. I fail to understand this logic of the court below. In the result, this application is allowed and the order dated 13.1.2007 passed by the Judicial Magistrate, 1st class, Bikramganj, Rohtas (Sasaram), in Karakat P.S. Case No.109 of 2005 as also the revisional order dated 30.05.2007 passed by the Additional Sessions Judge-cum-Fast Track Court No. II, Rohtas at Sasram, in Cr. Revision No.33 of 2007 / 4 of 2007 is hereby set aside. The Judicial Magistrate, 1st class, Bikramanj, Rohtas (Sasasram) is directed to release the motor cycle bearing registration no. BR-16M-6570 in favour of the petitioner on the surety to be fixed by the court below itself as also on such terms and conditions as it may deem fit and proper after being satisfied about its documents. Application stands allowed. Let this order be communicated to the court below through FAX at the cost of the petitioner. JA/- (Anjana Prakash,J.)