IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34430 of 2010 SIDDHARATH @ SUNNY, SON OF KUNJ BIHARI SINGH, RESIDENT OF SHIVAM HERITAGE APARTMENT BLOCK A/405, JAGRITI NAGAR KHAJPURA, P.S. RAJEV NAGAR, DISTT. PATNA. – 800 014. ----- PETITIONER. Versus THE STATE OF BIHAR -- OPPOSITE PARTY. ----------- 2. 06.10.2010 Heard the parties. The petitioner seeks quashing of the order dated 9.7.2010 passed in connection with Kotwali P.S. Case No. 120 of 2009 by Smt. Rajna Kumari, Judicial Magistrate, Patna, by which she has refused to release the Pulsar Motorcycle bearing registration No. MH12EY-2312 and Nokia Mobile No.5500 containing SIM No. 9472238951. The prosecution case is that some unknown miscreants committed robbery with the informant whereafter the petitioner was implicated in the present case during investigation and the aforesaid articles were recovered from his possession. It is undisputed that neither the Motorcycle nor the Mobile Phone are the subject matter of the robbery and they belong to the petitioner and cannot be said to be material exhibit in the present case. In view of such, the application is allowed and the order dated 9.7.2010 passed by Judicial Magistrate, Patna, in Kotwali P.S. Case No.120 of 2009 is set aside with further direction to release the Motorcycle bearing registration No. 2 MH12EY-2312 and Nokia Mobile Model 5500 E.M.F.I. 40353000 175555 containing SIM No. 9472238951 after due verification of the papers on surety to be fixed by it. The petitioner shall also give an undertaking that he will not dispose off the articles till the disposal of the trial. Let this order be communicated to the court of Smt. Rajna Kumari, Judicial Magistrate, Patna, in Kotwali P.S. Case No. 120 of 2009, G.R. Case No. 1691 of 2009, through FAX at the cost of the petitioner. S.Ali ( Anjana Prakash, J. )