IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30079 of 2010 KULDIP SINGH, SON OF RAM SINGH, RESIDNT OF 14A- KRISHNA MARKET SHIVAJI PARK, PUNJABI BAGH, NEW ELHI, AT PRESENT OFFICE 160A KESHAV PURAM, PACET C/6, TRINAGAR NEW DELHI, TEMPORARY RESIDENT 18/4 MATURA ROAD, FARIDABAD ------- PETITIONER Versus STATE OF BIHAR ----------- 2. 10.11.2010 Heard the parties. The petitioner is aggrieved by the orders dated 10.12.2007 and 1.6.2010 passed by Chief Judicial Magistrate, Buxar and Additional Sessions Judge, F.T.C. – 5, Buxar, in connection with Dumraon P.S. Case No. 86 of 2006 by which the vehicle (Tank Lorry) bearing registration No. HR 38K-5147 has been refused to be released in favour of the petitioner. The background of the case is that Tank Lorry in question was seized in connection with the present case on suspicion that the same was being used for illegal purposes of ferrying stolen petroleum products. The petitioner who is the owner of the vehicle was not made a accused but the driver was the sole accused who absconded and did not appear before the court. Once the petitioner found out that his Tank Lorry has been seized in the present case, he moved an application but he could not produce the original documents since they had been lying in the Tank Lorry and had been seized by the Investigating Agency but for some reasons not produced before the court. The petitioner moved an application 2 with the duplicate documents but the same was refused to be released by the courts below. In my view, if there is no dispute with regard to the ownership of the vehicle in question the same should have been considered by the court below when an application for release was moved. The matter is, therefore, remanded to the Chief Judicial Magistrate, Buxar, for passing appropriate orders after calling for a report from the Regional Transport Authority, Faridabad, Haryana, and the Bank from where loan was taken for purchase of the vehicle in question, within a period of eight weeks. With these directions, the application is disposed of. Let this order be communicated to the court of Additional Sessions Judge, F.T.C. Vth, Buxar, in Criminal Revision No. 2 of 2008, through FAX at the cost of the petitioner. S.Ali ( Anjana Prakash, J.)