ORDER By the Court.-The petitioner has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for quashment of the order dated 16.12.2010 passed by the Additional Sessions Judge, F.T.C.-IV, Dhanbad by which the petition filed for the release of 'Pora Coal' of the petitioner rejected by Shri Bipin Bihari Gautam, Judicial Magistrate, 1st Class, Dhanbad in Baghmara P.S. Case No.137 of 2010 was affirmed and the Revision was dismissed. The petitioner was admitted to regular bail in B.A.No.5325 of 2010 on 13.08.2010 by this Court. 2. The prosecution story in short was that when the Informant Officer-in-Charge of Baghmara Police Station intercepted a truck No.JH10S6221 on secret information standing nearby the depot of "Khanudih Shramik Swawlambi Sahakari Samiti" on 3.6.2010, some persons began to flee, who were engaged in loading 'Pora coal' on the truck. However, on chase only five of them could be apprehended, who were Muni Lal Mahto, Rajesh Kumar Yadav and Manohar Sao being the President, Cashier and Munsi of "Khanudih Shramik Swawlambi Sahakari Samiti" respectively and Raj Kumar Prasad and Shital Mahto being the driver and khalasi of the said truck. The informant Police Officer further alleged that on assessment 8 tonnes of Pora Coal were found loaded on the truck and about 10 tonnes of similar nature of "Pora coal" were found concealed nearby the truck. The driver disclosed that the Pora coal was being loaded on the truck under the instruction of the owner of the truck Mani Kant Sao with the consent of the president, cashier and munsi of the aforesaid Samiti and the coal was to be sold at Govindpur market. No relevant document could be produced to the Officer-in-Charge-informant on demand with respect to the transportation of Pora coal from the depot of the Samiti. 3. The petitioner-Mani Lal Mahto @ Muni Lal Mahto is the President of the Samiti, who was admitted to bail by this Court earlier and thereafter he moved a petition under Section 451 of the Code of Criminal Procedure for the release of 18 tonnes of Pora coal which were seized but the petition was rejected by the Judicial Magistrate observing that at the relevant time no document could be produced before the Police Officer to show the bona fides. Against the said order dated 23.08.2010 recorded by the Judicial Magistrate the petitioner preferred Criminal Revision No. 224 of 2010 which was heard by the Additional Sessions Judge, F.T.C.-IV, Dhanbad and the revision was dismissed by observing that the Pora coal which were seized by the police were the material exhibits in the case registered under Sections 414/34 of the Indian Penal Code. 4. Learned counsel Mr. Lukesh Kumar submitted that the Samiti which was registered under the Societies Registration Act was permitted by the District Co-operative Officer. Dhanbad to deal in coal and it was maintaining its records properly subject to scrutiny by the District Audit Authorities time to time and no irregularity was ever found therein. A report was called for by the C.J.M., Dhanbad from the Investigating Officer of the case in this connection after verifying the stock position and stock register of the Committee. The Investigating Officer by his report dated 01.07.2010 upon thorough verification of the stocks with that of stock registers of Pora coal (steam coal) did not find any irregularity or the stock of coal in excess to what was given to the Samiti by the B.C.C.L. Admittedly steam coal (Pora coal) were recovered from the truck and from the place nearby the boundary of the Samiti total 18 tonnes and all were steam coal which were the processed coal and that the B.C.C.L. used to supply only raw coal extracted from the mines which after steaming process are converted into Pora coal but in spite of clean chit given by the Investigating Officer that no irregularity was found in the stock of the Samiti the Courts below by the concurrent findings rejected the petition of the petitioner for the release of the steam coal though the petitioner had undertaken to furnish indemnity bond to the satisfaction of the Court. 5. Heard learned A.P.P. on behalf of the State. 6. 5. Heard learned A.P.P. on behalf of the State. 6. In the facts and circumstances, appreciating the submission made on behalf of the petitioner, 18 tonnes of steam coal seized as against the seizure list in connection with Baghmara P.S. Case No.137 of 2010 for the alleged offence under Sections 414/34 of the Indian Penal Code is directed to be released in favour of the petitioner, who has claimed to be the President of the Samiti on executing indemnity bond of Rs.1,00,000/ - (One lakh) with two sureties of like amount each to the satisfaction of Shri Bipin Bihari Gautam, Judicial Magistrate, 1st Class, Dhanbad. 7. Accordingly, this petition is allowed. Petition allowed.