IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35665 of 2009 1. AKBAR MIAN S/O- LIYAKAT MIAN. 2. Pradeep Kumar Pundit, S/o Shri Krishna Pundit. VILL- KARMA, P.S- JHUMRITILAIYA, DISTT- KODARMA (JHARKHAND). Versus 1. THE STATE OF BIHAR. ----------- 02. 19.08.2010 The petitioners seek quashing of the order dated 29.08.2009 passed in Rajouli P.S. Case No. 107 of 2008 (G.R. No. 1173 of 2008, Tr. No. 2242 of 2009) by which the Judicial Magistrate, Nawada has refused to release the truck bearing No. JH-11C 5592 in favour of the petitioners. The petitioners’ truck was seized when it was loaded with some bags of mica alleged to be illegally carried. It has been submitted that under no circumstances the truck would be required during trial and therefore it is in the interest of justice that the truck should be released in favour of the petitioners since there is no dispute with regard to its owner-ship. Considering the same, the application is allowed and the order dated 29.08.2009 passed in Rajouli P.S. Case No. 107 of 2008 (G.R. No. 1173 of 2008, Tr. No. 2242 of 2009) by the Judicial 2 Magistrate, Nawada is set aside with a further direction to the court below to examine the documents of the petitioners pertaining to the vehicle in question and on being satisfied release the same on a surety to be fixed by it. The petitioners will give an undertaking before the court below that they shall not object in case of the truck not produced as a material exhibit during trial nor will they sell/transfer the same during the pendency of trial. Vikash/- (Anjana Prakash, J.)