IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.908 of 2009 1. MANTU SHUKLA, CHHOTANWAR, KRISHNA BRAHAM, BUXAR 2. MARKANDEY SINGH @ MARKNDE SINGH, GAIGHAT, BRAHMPUR, BUXAR. Versus 1. STATE OF BIHAR 2. SUPERINTENDENT OF POLICE,, BUXAR & 3. OFFICER IN CHARGE, BRAHMPUR, BUXAR. ----------- 2 21.07.2010. Heard learned counsel for the parties. Petitioners have come to this Court for a direction to respondent authorities to release two motorcycles, namely, (1) Hero Honda Splendor Plus bearing registration no. BR 28 3685 (2) Bajaj Platina bearing registration no. BR 44A/1932 seized in connection with Brahmpur Police Station case no. 22 of 2008 lodged under sections 399,402,414 I.P.C. Petitioner no.1 submits that he is merely a mechanic and at the relevant time i.e. 14.2.2008 he had gone for repairing of Airtel Tower and on account of heavy rain he left his motorcycle (Bajaj Platina bearing registration no. BR 44A/1932) in Airtel campus. He further submits that he is not even accused in aforesaid case. Petitioner no.2 submits that he along with five others have been convicted for ten years with fine in Sessions Trial No. 141/08, arising out of Brahmpur Police Station case no. 22 of 2008. However, presently he is on bail and the Cr. Appeal is pending before this Court. In the facts and circumstances of the case, let the 2 motorcycle of petitioner no.1 be released in his favour on furnishing him personal bond. So far as release of motorcycle of petitioner no.2 is concerned, as he has been convicted in the case and the motorcycle in question was subject matter of sessions trial as well as of the Cr.Appeal pending before this Court, this Court observes that the petitioner should make his prayer for release of his motorcycle (Hero Honda Splendor Plus bearing registration no. BR 28 3685 ) before the Bench hearing the aforesaid Cr. appeal. The writ petition stands allowed partly. Shashi. (Samarendra Pratap Singh, J.)