Manoranjan Prasad, J.

This application by the petitioner, Chandra Shekhar Jha is directed against the order dated 3.3.1981, passed by the Chief Judicial Magistrate Nalanda at Bihar Sharif in Misc. Case No. 8 of 1981 rejecting the petitioner's prayer made in his petition dated 11.2.1981 for release of Bus No. B.H.N. 6665 which had been seized by the Police of Nalanda Police station on 3.2.1981 under the provisions of Section 129A of the Motor Vehicles Act 1939.

2. In order to appreciate the point involved in this Case certain facts need be stated. The petitioner had purchased the Bus in question after taking a loan from the Canara Bank, Bihar Sharif which he had to repay in certain instalments and in order to secure the repayment of the loan the petitioner had also hypothecated the Bus in question to the Bank under an agreement dated 28.8.1975. According to the Bank, the petitioner made default in payment of certain instalments on which by letter dated 17.11.1980 (Annexure E) the Manager of the Bank wrote to the Superintendent of Police, Bihar Sharif to seize the Bus and to keep it in his custody, and the Manager of the Bank repeated this request to the Superintendent of Polic