IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1866 of 2009 ALOK KUMAR, son of Mithilesh Singh, resident of Saristabad Sadhanapuri, Patna, Police Station – Gardanibagh, District – Patna. Versus 1. STATE OF BIHAR 2. The Superintendent of Police, Bhojpur at Arrah 3. The Officer-in-charge, Piro Police Station, Bhojpur at Arrah. ----------- 02. 12.05.2009 The prayer of the petitioner for release of a Maruti van No. DL – 8C-3428 which has been seized in Azimabad P S Case No. 10 of 2008 stands rejected by the court of the learned Sessions Judge. The present application has been filed challenging the said order on the ground that the petitioner is the rightful owner. He has all the documents to support such a stand. No purpose would be served by keeping the vehicle seized when according to the FIR, the vehicle was on hire and two criminals with arms and ammunitions were found to be only travelling in it. I have gone through the impugned order passed by the learned Sessions Judge dated 20.11.2008. Prima facie if the narration is correct, then the learned Sessions Judge has committed no error in passing the order in question. This Court is not inclined to look at the documents produced. However, to give yet another opportunity to the petitioner, if he is in a position to certify and satisfy the court below that all the documents and papers with regard to ownership are original, the court may reconsider releasing the vehicle in favour of the petitioner after an appropriate security or bond is executed by him or such other conditions which may be imposed by the court below. - 2 - The application is allowed with the above direction. Let this order be communicated to the court below, i.e. court of Sessions Judge, Bhojpur at Arrah by Fax at the cost of the petitioner. rkp (Ajay Kumar Tripathi, J)