IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28615 of 2010 RAM PATI SINGH & ORS Versus THE STATE OF BIHAR ----------- 02. 20.08.2010 The petitioners are aggrieved by the order dated 18.01.2010 passed by SDJM, Masaurhi by which he has refused to release the wooden logs seized in connection with Dhanarua P.S. Case No. 226 of 2009. It has been submitted that after report of the Circle Officer in fact the trees had been planted by the petitioners on their ridge barring the fields therefore there should be no difficulty to release the wooden logs in favour of the petitioner. Considering the same, the impugned order dated 18.01.2010 is set aside with a further direction to the Court concerned to release the wooden logs in favour of the petitioners on a surety to be fixed by it. The petitioners shall also give an undertaking that they shall not object to the seized wooden logs not being produced by the prosecution as material exhibits. The factum of release of the wooden logs in favour of the petitioners shall be subject to the final result of the case. With this observation, this application is allowed. Vikash/- (Anjana Prakash, J.)