IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29009 of 2009 SUBHODEEP SINHA, SON OF LATE ARUN KUMAR SINHA, RESIDENT OF VILLAGE LINE MOHALIS WARD NO. 18 P.S. KISHANGANJ, DISTRICT KISHANGANJ.----- PETITIONER Versus THE STATE OF BIHAR ----- OPPOSITE PARTY ----------- 2 17.9.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has challenged the order dated 17.2.2009 by which the Court below has refused to release his Bolero vehicle (WB 74 M/8343) belonging to the petitioner on the ground that a case was instituted against the petitioner being G.R. Case No. 623 of 2008 under Sections 409, 420, 465, 467, 468/34 of the Indian Penal Code. The reason for refusing to release the Bolero vehicle is that it is alleged that the petitioner who is a government employee had defalcated certain amount of money from the Bank which was meant to be paid to the Executive Engineer by the District Superintendent of Education. It has further been alleged during investigation that the petitioner transferred some amount of money on 13.6.2008 to his own account which indicates that he had purchased the Bolero vehicle out of the defalcated money. The question whether the petitioner had defalcated the money from the Bank and the question whether the defalcated money was transferred to his Bank account is to be decided in the trial. As far as the Bolero vehicle is concerned it was not involved in committing a particular offence. The Court while releasing the vehicle has to see the ownership of the vehicle and be satisfied with the records with respect 2 to the bonafide of the person who is making such a claim. Admittedly there appears to be no dispute that the petitioner is the owner of the vehicle in question. In the circumstances, I direct that the Bolero vehicle (WB 74 M/8343) which is purported to have been seized in Kishanganj P.S. Case No. 165 of 2008 giving rise to G.R. No. 623 of 2008 should be released in favour of the petitioner after perusing the documents of ownership subject to the satisfaction of the Court below. This application is allowed. Sanjay (Sheema Ali Khan, J.)