IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11549 of 2008 NARAYAN PRASAD MOHALLA, ASKAMINI NAGAR,BIKRAMGANJ,ROHTAS. Versus 1. THE STATE OF BIHAR 2. SP, ROHTAS 3. SDPO, BIKRAMGANJ 4. OFFICER IN CHARGE, BIKRAMGANJ POLICE STATION , ROHTAS. ----------- 5. 16.04.2010. Heard learned counsel for the parties. The petitioner has moved this Court against order dated 5.11.2007, passed in Cr. Rev. No. 2/2007/Tr no.12/2007 by which release petition of seized lubricants on furnishing sureties has been refused on the ground that the petitioner indulged in manufacturing duplicate lubricant in the name of Branded company and the seized lubricant was also duplicate and there is likelihood that it would be distributed before chemical test or its production as exhibit during trial. The petitioner has produced a copy of licence, contained in annexure- 2. He further submits that the lubricants in question may be released in his favour by keeping a little of it as an exhibit/sample for examination, if required in trial. Having heard the parties and going through the materials on record, I set aside the impugned order and remand the matter to the Sub Divisional Judicial Magistrate, Bikramganj to consider the same in accordance with law. Needless to mention that the court may keep a part of seized lubricant for chemical test and for production before the trial court as exhibit, as and when required. The petition stands disposed of with aforesaid directions. Shashi. (Samarendra Pratap Singh, J.)