IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11047 of 2010 PUSHPA RAJ SHEKHAR S/O RAM NARESH RAM, RESIDENT OF VILLAGE-RAM NAGAR (KARMA ROAD) POLICE STATION-AURANGABAD (T), DISTRICT- AURANGABAD. -PETITIONER Versus THE STATE OF BIHAR. –OPP.PARTY _______ For the Petitioner : M/s D.K. Sinha & Dr. Leelawati Kumari For the State : Mr. Nawal Kishore Prasad 2 14.05.2010 Heard learned counsel for the petitioner and State. This is an application under Section 482 of the Code of Criminal Procedure for seeking quashing of order dated 15th February, 2010 passed in Tandawa P.S. Case no. 50 of 2009 refusing the prayer of the petitioner to release seized vehicle in his favour. Undisputedly, petitioner is owner of the vehicle that is a Bolero Jeep No.BR-26B 7745 which is said to have used in a case of kidnapping by his driver and other miscreants. Report from Police was called for by the courts below and police has taken no objection to the prayer of the 2 petitioner. It appears from the orders of the court below that only because the vehicle in question was registered as personal vehicle but used for commercial purpose the petitioner’s prayer was refused. In the instant case, petitioner’s vehicle ought to have been released on adequate conditions to produce the vehicle as and when required and other suitable conditions may be imposed by the court below. Accordingly, this application stands allowed and vehicle in question is ordered to be released in favour of the petitioner on the terms and conditions imposed by the court below to its satisfaction. (Akhilesh Chandra, J.) AAhmad