IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.46179 of 2009 DIGAMBAR SAH son of Sri Radhey Prasad Sah, resident of village/P.O.- Kunauli Bazar, P.S. Kunauli, District- Supaul ...Petitioner Versus The State of Bihar through the ADG (Vigilance), State Vigilance Investigation Bureau, Bihar, Patna …Opposite Party ----------- 2/ 11.08.2010 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by order dated 10.11.2009, by which the Special Judge, Vigilance I, Patna, in Special Case No.7 of 2009 arising out of Vigilance P.S. Case No.14 of 2009 has refused to release the BOLERO Jeep bearing registration No. BR-50A-1627 in favour of the petitioner. The case of the prosecution is that while two officers of the Govt. of Bihar were travelling on the said BOLERO vehicle, they were apprehended and from them certain amount of money was recovered which came from undisclosed source. The petitioner was not one of the occupants of the vehicle and even as per the prosecution case the vehicle would not be required as material exhibit in the case. In view of such, the order dated 10.11.2009, passed by the Special Judge, Vigilance I, Patna, in Special Case No.7 of 2009 arising out of Vigilance P.S. Case No.14 of 2009, is hereby quashed and further direction is being given to the trial court to release the said vehicle in favour of the petitioner on surety to be fixed by the trial court since the ownership is not in dispute and further on such terms and conditions as it may deem fit and proper. Application stands allowed. Let this order be communicated to the Special Judge, - 2 - Vigilance I, Patna, in connection with Special Case No.7 of 2009 arising out of Vigilance P.S. Case No.14 of 2009 through FAX at the cost of the petitioner. JA/- (Anjana Prakash, J.)