Page No.# 1/2 GAHC010253222024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1466/2024 TAHEJ ALI SHIKDAR S/O TAMEJUDDIN SHIKDAR, R/O VILL- PUB RATIJADAH, P.S. GOLAKGANJ, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:PRADEEP SHAHA ASI OF AGOMANI POLICE STATION P.O AND P.S. AGOMANI DIST. DHUBRI ASSA Advocate for the Petitioner : MR. A RAHMAN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 08.01.2025 Heard the learned counsel Mr. A. Rahman appearing for the petitioner as well as Mr. RR Kaushik, the learned Additional P.P. for the State of Assam. Page No.# 2/2 2. This is an application u/s 428 of the BNSS, 23 praying for modification of the impugned order dated 15.10.2024 passed by the learned Judicial Magistrate 1st Class, Dhubri in PRC Case No. 1260/2024. 3. A motorcycle bearing registration No AS-17-F-4978 was seized by police in connection with the case. The learned Magistrate gave custody of the said motorcycle to its registered owner on the condition that he has to furnish a bank guarantee equal to the value of the motorcycle. 4. I have considered the submissions made by the learned counsel of both sides. 5. Putting stringent condition amounts to denial of the prayer. 6. Therefore, the impugned order dated 15.10.2024 passed by the learned Judicial Magistrate 1st Class, Dhubri in PRC Case No. 1260/2024 is modified. The said motorcycle shall be given in the custody of its registered owner on taking a bond of Rs. 50,000/-. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant