IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18158 of 2011 Subant Kumar Versus The State Of Bihar & Ors ----------- 3/ 18/11/2011 Heard learned counsel for the petitioner as well as learned APP for the State. 2. Petitioner, Subant Kumar has filed the instant petition for release of his motorcycle bearing Registration No. BR-25A-5568, Chasis No. M020 H DHZZTCA 05761 and Engine No. DHGBTA 34689 which has been seized in connection with Jehanabad P.S. Case No. 610/2010 under Sections 399, 402 IPC and 25(1-b)a, 26, 35 Arms Act and 4/5 Explosive Substance Act. 3. The prosecution as per statement of one of the probationer Police Officer, namely, Shambhu Paswan happens to be that the police party, on getting confidential information, conducted raid at southern gate of Civil Court and apprehended three persons while remaining managed to escape. During search, fire-arm, ammunition, explosive materials have been seized. A motorcycle without having registration number was parked since before nearby which was also seized. Contention on behalf of the petitioner is that petitioner happens to be owner of the said vehicle. Then 2 submitted that from the written report, it is evident that nothing has been recovered from the motorcycle then submitted that actually petitioner had gone somewhere after parking the motorcycle meanwhile raid was conducted and miscreants were apprehended. Because of the fact that his motorcycle was parked since before therefore that has been taken into custody by the police. Also submitted that neither the key in question was recovered from the possession of any of the miscreants nor the aforesaid motorcycle happens to be the subject matter of theft, crime. 4. Learned APP opposed however fairly concedes that nothing has been recovered from the motorcycle. Further submitted that there was no number plate affixed over the motorcycle and that shows there was criminal mind to facilitate the crime. 5. Be that as it may, taking into account the totality of event, it is hereby ordered that motorcycle bearing no. BR- 25A-5568 be released in favour of petitioner and on a bank guarantee of Rs.40,000/-. Before issuing release order, learned lower court shall verify the genuineness of owner book, tax token, insurance paper etc. of the petitioner with regard to his ownership. It is further ordered that petitioner 3 will not transfer the vehicle till conclusion of the trial and will produce the vehicle as and when required by the court. Furthermore, if the vehicle is found to be used in any kind of criminal activity, then the order impugned will automatically lose its effect. 6. Let this order be faxed to the court concerned at the cost of the petitioners. perwez (Aditya Kumar Trivedi,J.)