IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19324 of 2008 1. SRI RAM YADAV 2. NAGINA YADAV BOTH S/O LATE KALIKA YADAV VILL.- BASANTPUR (PAKRIHAR), P.S. SATHI, DISTRICT- WEST CHAMPARAN ………….Petitioners Versus 1. THE STATE OF BIHAR 2. PREM KISHORE SINGH @ RAJAN RAJ 3. NAVIN KISHORE SINGH BOTH SONS OF RAJ KISHORE SINGH VILLAGE- SINGHPUR, P.S. SATHI, DISTRICT- WEST CHAMPARAN …………..Opposite Parties ----------- 3. 07.04.2011 Heard the parties. The petitioners are aggrieved with the order dated 17.12.2005 passed by learned S.D.J.M., Bettiah in Misc. Case No. 1221/2005 by which in a proceeding under Section 145 Cr.P.C. a property has been attached u/s 146 (2) Cr.P.C. and the Officer In charge, Sathi P.S. has been appointed receiver. This order was affirmed by the Additional Sessions Judge, F.T.C.-III, West Champaran, Bettiah in Cr. Revision No. 8/2006. On going through the order impugned of the S.D.J.M., Bettiah I am satisfied that a receiver should not have been appointed merely on the police report. And parties should have been given an opportunity to lead their evidence with regard to the factum of possession and the emergent situation and only thereafter, such an order should have been passed 2 because appointment of receiver is a stringent measure. In view of such, the order is set aside and the matter is remanded to the S.D.J.M., Bettiah to pass a fresh order after giving opportunity to both the parties and in accordance with law. With these observations, the application is disposed off. Fahad. ( Anjana Prakash, J.)