IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10183 of 2009 BABLOO KUMAR SINGH, son of Sri Baliram Singh, village Sidharthpuri Colony, Ps Mufassil, District Gaya – petitioner. Versus THE STATE OF BIHAR ----------- 2 12.3.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 14.5.2007 passed by the Additional District and Sessions Judge, FTC I, Gaya in Cr. Revision No. 107/2007/39/2007 and the order, dated 21.2.2007 passed by the Judicial Magistrate, Ist Class, Gaya in Trial No. 1466/2007. The petitioner is the brother of the accused who was using the motor cycle to commit the crime under section 395 of the Penal Code and 27, Arms Act. The occurrence is said to have taken place on 15.7.2007 whereas the motor cycle bearing registration no. BR 2D 7244 was seized on 16.7.2007 on the highway. The seizure list is part of the case diary and is a piece of evidence for the purpose of showing that the motor cycle seized is the motor cycle used in the crime. The Judicial Magistrate had called for a report from the police regarding the question of release of the bike in favour of the petitioner. The Officer Incharge in his report has stated that the motor cycle belongs to the petitioner and he has no objection if the motor cycle is released in his favour. On the basis of the submissions made by the A.P.P. that the motor cycle was used in the crime, his 2 application has been rejected. In my opinion, if the motor cycle belongs to the petitioner and is not stolen one, there can be no justification for not releasing the same to the petitioner. I, therefore, direct that the motor cycle bearing registration no. BR 2D 7244 should be released in favour of the petitioner to the satisfaction of the court below subject to the condition that the accused in this case cannot raise any objection that the motor cycle has not been produced during the trial of the case for whatever purpose. This application is allowed. haque (Sheema Ali Khan, J.)