IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.61 of 2009 Md. Muzaffar Alam, S/o-Late Jamaluddin, Resident of Vill- Jalmilik, P.O.-Gunjar Mari, P.S.-Thakurganj, District-Kishanganj (Bihar) …..Petitioner. Versus The State of Bihar ----------- 02. 27.03.2009 Petitioner claims to be owner of the vehicle (Savari Jeep) bearing Registration No. BR-37/A-1651. As per prosecution case, while the vehicle was plying between Bahadurganj and Thakurganj, a packet of heroin was seized from the front Dikki of the vehicle. The petitioner was not sitting in the vehicle at that time and the vehicle was being driven by driver, Navin Kumar Jha. Learned counsel submits that aforesaid alleged heroin was kept in the vehicle without his consent or knowledge. He submits that the F.I.R. is lodged against the driver. It would appear from the order of the learned Special Judge, that police did not have any objection to the release of vehicle. In view of the aforesaid circumstance, the order dated 15.12.2008 passed by the Special Judge, Kishangaj in Special Case No. 26 of 2008, for releasing the seized vehicle is set aside. In case, the petitioner files a petition - 2 - before the learned Special Judge, the learned court would release the vehicle in question on furnishing adequate surety on the condition that the petitioner would not dispose of the vehicle and would produce the same as and when required. With the aforesaid direction, this application is allowed. Vikash/- (Samarendra Pratap Singh, J.)