IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.25430 of 2010 BINOD KUMAR YADAV son of Deel Chand Yadav, resident of village- Baliyadih, P.S. Jhajha, District- Jamui, ...Petitioner Versus 1. THE STATE OF BIHAR 2. Superintendent of Police, Jamui, & 3. Officer-in-charge, Jhajha Police Station, District- Jamui. ----------- 2/ 12.08.2010 The petitioner is aggrieved by order dated 23.2.2010 passed by the Additional Sessions Judge II, Jamui, in Sessions Case No.26 of 2010, by which he has refused to release Bajaj Platina Motor Cycle bearing registration no. BR-46A 0873 having Chasis no. MD2DDD ZZZ PWB-02614 Engine no. DUM BRB-15719. The back ground of the case is that the petitioner was implicated in the case of kidnapping for ransom where after the house of the petitioner was raided and the above mentioned motor cycle was seized stating that the motorcycle which had been used in the kidnapping is the present one. Contention of the counsel for the petitioner is that there is no dispute with regard to the ownership of the motor cycle nor is there any mention of the details of the motor cycle in the First Information Report which led to the seizure of the motorcycle of the petitioner. Considering the above, the order dated 23.2.2010 passed by the Additional Sessions Judge, II, Jamui, in Sessions Case No.26 of 2010 is set aside with direction that the Bajaj Platina Motor Cycle bearing registration no. BR-46A 0873 having Chasis no. MD2DDD ZZZ PWB-02614 Engine no. DUM BRB-15719 be released in favour of the petitioner on surety to be fixed by the court below and on such - 2 - terms and conditions as it may deem fit and proper. The application stands allowed. Let this order be communicated to the Additional Sessions Judge, II, Jamui, in connection with Sessions Case No.26 of 2010 through FAX at the cost of the petitioner. JA/- (Anjana Prakash, J.)