IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13046 of 2009 VINAY KUMAR SHARMA, S/o Late Jangli Singh. Versus THE STATE OF BIHAR ----------- 02. 20.08.2010 The petitioner is aggrieved by the order dated 12.02.2007 passed by Judicial Magistrate, 1st Class, Muzaffarpur by which he has refused to release the Tata Sumo Victa No. BR-1AP 3140 seized in connection with G.R. No. 3359 of 2006, Tr. No. 2352 of 2009 as well as the order dated 22.10.2008 passed in revision by the Additional Sessions Judge, Muzaffarpur in Cr. Rev. No. 41 of 2007 by which he has refused to interfere the prayer of the petitioner. The submission of the counsel for the petitioner is that there is no dispute that the vehicle belongs to the petitioner and even conceding that the vehicle had been used by the miscreants for committing the offence it would by no stretch of imagination be called to be a material exhibit in the case. Considering the same, this application is allowed and the Tata Sumo Victa No. BR-1AP 3140 is directed to be released in favour of the petitioner on 2 proper verification of the documents by the Trial Court on a surety to be fixed by it. The petitioner shall also give an undertaking that he will not raise any objection during trial about the vehicle not being produced as material exhibit during trial nor will he dispose off the same during the pendency of the trial. With this observation, this application is allowed. Let this order be communicated through FAX at the cost of the petitioner. Vikash/- (Anjana Prakash, J.)