IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.32394 of 2010 MD. MAQSOOD ALAM son of Mazarul Islam resident of village- Salempur, P.O. Noorpur, Police Station- Barauni, District- Begusarai ….Petitioner Versus THE STATE OF BIHAR …OP ----------- 2/ 22.09.2010 Heard the parties. The petitioner seeks quashing of the order dated 15.5.2010 passed by the Additional Sessions Judge, Begusarai, in Sessions Trial No.189 of 2010, by which he has refused to release the jeep bearing registration no.MH-04/A 7072 having chasis no.MM540 DD-2WD-DD-069 Engine No. DD06977. It is undisputed that the petitioner is the lawful owner of the vehicle and the same is not the subject matter of the case, inasmuch, as neither it is stolen nor is it the material exhibit. All that the allegations in the First Information Report was that some allegedly stolen Aluminimum wire were loaded on the Jeep and for that reasons the jeep cannot be allowed to be in custody of the court. In view of such, this application is allowed and the Jeep bearing registration no.MH-04/A 7072 having chasis no.MM540 DD-2WD-DD-069 Engine No. DD06977 is ordered to be released in favour of the petitioner on surety to be fixed by the trial court and on such terms and conditions as it may deem fit and proper. The petitioner shall give an undertaking that he would not dispose of the vehicle during the pendency of the case and will not raise any prejudice with regard to the non-production of the vehicle during trial. - 2 - The application stands allowed. Let this order be communicated to the Additional Sessions Judge, Begusarai, in connection with Sessions Trial No.189 of 2010, through FAX at the cost of the petitioner. JA/- (Anjana Prakash, J.)