IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37245 of 2010 NAGDEO SINGH, SON OF LATE RAM IKCHHA SINGH, RESIDENT OF VILLAGE – SOUTH EKAWANA, P.S. UDWANT NAGAR, DISTT. BHOJPUR. ------- PETITIONER. Versus THE STATE OF BIHAR ----- OPPOSITE PARTY. ----------- 2. 12.10.2010 Heard the parties. The petitioner has prayed for quashing of the order dated 27.7.2010 passed by Sessions Judge, Bhojpur, Ara, in Criminal Revision No. 86 of 2010 as well as the order dated 10.6.2009 passed by Judicial Magistrate, Ara, in Charpokhari P.S. Case No. 50 of 2009 by which the court below has refused to release the Motorcycle of the petitioner bearing registration No. BR-3B-7828 make Bajaj Discover, Chassis No. DSVBLG- 37622, Engine No. DSGBLG-37718. The prosecution case is that the Motorcycle sought to be released was used for committing robbery. The petitioner is not an accused in the case but the motorcycle was recovered from the house of co-accused and seized by the Investigating Agencies. It has been submitted that there is no dispute about the ownership of the Motorcycle and in the facts of the case, it cannot be said that it would be material exhibit in the case. Considering the same the application is allowed and the orders dated 27.7.2010 is quashed. A further direction is given to the Judicual Magistrate, Ara, to release the vehicle in 2 favour of the petitioner after due verification of the papers and on surety to be fixed by it. The petitioner shall also be vigilant that he will not dispose off the Motorcycle during trial. The application stands allowed. Let this order be communicated to the court of Sri Anand Abhishek, Judicial Magistrate, Ara, in Charpokhari P.S. Case No. 50 of 2009. S.Ali ( Anjana Prakash, J.)