Page No.# 1/2 GAHC010200982024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1223/2024 MAHEBUL ISLAM AND ANR S/O ASURUDDIN R/O VILL- BARBHITA, P.S. TARABARI, DIST.BARPETA, ASSAM 2: SHAHIDA BEGUM W/O MAHEBUL ISLAM R/O VILL- BARBHITA P.S. TARABARI DIST.BARPETA ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, MR A BASUMATARY,MR. M M ZAMAN,MR N AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 11.02.2025 Heard Mr. N. Ahmed, learned counsel appearing for the petitioner and Mr. R. R. Kaushik, learned Addl. Public Prosecutor appearing for the State respondent. Page No.# 2/2 This is an application under Section 528 of the BNSS, 2023, challenging the order dated 06.09.2024 passed by the learned Special Judge, Barpeta in Barpeta P.S. Case No. 245/2024. The motor cycle bearing registration No. AS-15W-2986 was seized in connection with the aforesaid case. The learned Magistrate refused the prayer of custody. Mr. Kaushik has submitted that the Investigating Officer has informed him that the vehicle is no longer required for investigation as charge sheet has already submitted. Considering all aspects, the prayer of the petitioner is allowed. The impugned order dated 06.09.2024 passed by the learned Special Judge, Barpeta, is set aside. The motor cycle bearing registration No. AS-15W-2986 shall be given into the custody of the registered owner on taking a bond of Rs. 50,000/-. The present criminal petition stands disposed of accordingly. JUDGE Comparing Assistant