IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30503 of 2010 AMARENDRA MANDAL SON OF SRI GOVIND MANDAL, RESIDENT OF VILLAGE HARNARAYANPUR, P.S. JAMUI, DISTRICT JAMUI ….. PETITIONER. Versus 1. THE STATE OF BIHAR 2. SHASHI SHEKHAR PRASAD, SON OF LATE RAJESHWAR PD., RESIDENT OF VILLAGE NARDI, P.S. JAMUI, DISTRICT JAMUI …. OPPOSITE PARTIES. ----------- 2. 24.8.2010 The petitioner is aggrieved by the order dated 6.8.2009 of non-release of his vehicle on frivolous ground by the Chief Judicial Magistrate, Jamui in Jamui P.S.case No.102 of 2009. It has been submitted that by an order dated 28.7.2009 the Chief Judicial Magistrate, Jamui had already ordered to release of the vehicle in favour of the petitioner on a security bond of Rs.2,00,000/- with two sureties of the like amount each with a condition that the vehicle in question would be produced as and when required by the Court. Thereafter by an order dated 6.8.2009 he refused to release the same by calling for a report from the D.T.O. Lakhisarai. The further submission of the Counsel for the petitioner is that it was not within the powers of the Chief Judicial Magistrate to recall his earlier order and, therefore, the impugned order is without jurisdiction. Considering the same, the application is allowed and the order dated 6.8.2009 passed by the Chief Judicial Magistrate, Jamui in Jamui P.S.case No.102 of 2009 is set aside with a direction to release the Trekker bearing registration no.BR-53-5998 on calling for a report from the D.T.O. about the ownership of the - 2 - vehicle and on its satisfaction on security bond fixed by the court below vide order dated 28.7.2009. The order be communicated to the court concerned through fax at the cost of the petitioner. Narendra/ ( Anjana Prakash, J. )