IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.56530 of 2007 ***** 1. Arvind Kumar S/o Sri Ram Deo Sing, R/o Vill. Chaupar Madan, P.S. Bochaha, Distt. Muzaffarpur. 2. Ram Chandra Singh, S/o Late Suraj Singh, R/o Vill. Amma, P.S. Hathauri, Distt. Muzaffarpur. …. …. Petitioners Versus 1. The State of Bihar 2. Smt. Punam Devi, W/o Manoj Kumar Singh 3. Hareram Singh, S/o Late Basudeo Singh 4. Ghanshyam Singh, S/o Late Basudeo Singh 5. Mohan Singh, S/o Late Basudeo Singh 6. Krishna Devi, W/o Late Basudeo Singh 7. Baban Singh S/o late Nageshwar Singh 8. Sheo Shankar Jha, S/o Nagendra Jha All R/o Vill Baghakhal, P.S. Gaighat, Distt. Muzaffarpur. …. …. Opposite parties ----------- 9. 12.5.2009. Heard counsel for the petitioner and learned counsel representing the opposite parties. Petitioners are aggrieved by order dated 5.11.2007 passed in Complaint Case No.1725/07 which related to Tr. No.2872/07, whereby and whereunder the learned Judicial Magistrate, Sri S.K.Pandey, Muzaffarpur has dismissed the petition for release of Bus No. BR06D0818 during the pendency of the enquiry or trial of the case. The sum essence of the present application is that there is a joint family and they are at war with each other over claim of property including the two buses which the family supposed to own, though the owner-book and other documents reflect the name of petitioner no.1 and 2. It is alleged that the bus in question has been forcefully grabbed by one Punam Devi, who happens to be the daughter-in-law and is standing at the door of said Punam Devi and she is using the same for bargaining position - 2 - for claim in property from the family. The attention of the Court has been drawn to the police report which has been brought on record which also reflects what has been stated in the earlier part of the order. The dispute of the kind cannot be resolved through a criminal Court and no purpose would be served by allowing the bus in question to stand idle which is a commercial vehicle and in the owner- book and other documents names of the two petitioners appear. Irrespective of the final decision, which may be rendered by any appropriate forum, this Court is inclined to allow the application. The impugned order dated 5.11.2007 is quashed with a direction upon the Court below that the petitioners will furnish the documents of the ownership and other details, which will be verified by the Court below, which on being satisfied will issue a direction for release of the bus in favour of the petitioners on execution of a bond of Rs. five lacs. It is also recorded that the petitioners shall neither sell or alienate the bus till proceeding in Complaint Case No.1725/07 comes to an end or without the leave of the Court. The application stands allowed. Pawan/- (Ajay Kumar Tripathi, J.)