IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REVISION No.1065 of 2007 DILIP YADAV Versus STATE OF BIHAR & ANR ----------- 6. 01.07.2008. Heard learned counsel for the petitioner and the counsel for Opposite Party No.2. 2.This Cr. Revision application is directed against the order dated 7th July, 2007 passed by Additional District & Sessions Judge, F.T.C.-IV, Darbhanga in Cr. Revision No. 142 of 2007, whereunder the order releasing the oxen in-question in favour of the petitioner dated 12.4.2007 passed by the learned Chief Judicial Magistrate, Darbhanga in Bahadurpur P.S.Case No. 59 of 2004 was set aside with direction to the Chief Judicial Magistrate to pass appropriate order of release in favour of Opposite Party No.2. 3. Perusal of the original order dated 12.4.2007 indicates that the pair of oxen was released in favour of the petitioner as the same was seized from the joint Bathan of Dinesh Yadav and Dilip Yadav, which fact was even admitted by the informant in his deposition in paragraph 18 and appreciating such statement the release was allowed in his favour as the police after investigation has submitted Final Form in the case observing that the case of theft was not made out. 4. Since the revisional court without taking notice of the aforesaid statement of the informant in paragraph 18 of his evidence has set aside the original order of release made in favour of the petitioner, I am of the view that the order impugned dated 7th July, - 2 - 2007 passed in Cr. Revision No. 142 of 2007 suffers from illegality and is, accordingly, set aside with observation that the release of the oxen in favour of the petitioner will be subject to the result of the trial. 5. This Cr. Revision application is, accordingly, allowed. P.K.P. (V.N.Sinha,J.)