N THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30434 of 2010 SAGAR ROY, S/o Late Dilip Kumar Roy. Versus THE STATE OF BIHAR ----------- 02. 19.08.2010 On 06.03.2010, the Officer In-charge P.S. Phulparas received an information that some trucks had dashed against a welcome gate constructed for welcoming a political person and was lying at the place of occurrence having been detained by a mob of villagers who were aggrieved by the said act. When he reached there he found that the truck was in a battered condition as also eight more trucks all loaded with betel nuts were stationed. Two drivers were arrested at the place of occurrence who did not provide any valid papers on account of which a case under Section 414/34 IPC was instituted against them as well as the other owners of the trucks. The owners of the trucks in question as well as the petitioner who claim owner-ship of the betel nuts came before this Court for releasing the same in which a counter-affidavit was filed by the State admitting therein that the betel nuts were not stolen and in fact were being transported on valid papers. In view of such, this Court allowed the 2 release of the trucks and the betel nuts but the surety was to be determined by the court below. Unfortunately, the court below has fixed two sureties of the value of the articles which is exorbitant and therefore petitioner has moved this Court to modify the said order. Considering that there is no dispute with regard to the genuineness of the articles sought to be released the order dated 29.07.2010 in connection with Phulparas P.S. Case No. 43 of 2010 (Tr. No. 2473 of 2010, G.R. No. 209 of 2010) is quashed with a further direction that the articles be released in favour of the petitioner on a bond and on an undertaking from him that in case of confiscation of the goods he would be required to refund the value of the released articles subject to the final outcome of the case. With this observation, this application is disposed off. The court below shall also consider whether in the facts of the case the matter can be compounded and pass necessary orders within a period of three months. Vikash/- (Anjana Prakash, J.)