Deo Kumar Pal v. The State Of Bihar Through The Principal Secretary, Department Of Forest And Environment, Bihar, Pa

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1395 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- SASARAM (ROHTAS) ===========================================================

1. Deo Kumar Pal, Son of Ram Briksh Pal, Resident of Village- Bhusaula, P.O. & P.S.- Darihat, District- Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Forest and Environment, Bihar, Patna.

2. The Divisional Forest Officer-cum-Authorised Officer, Rohtas Forest Division, Rohtas.

3. The Forester, Darigaon Range, Rohtas (Sasaram). .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Advocate For the Respondent/s : Mr. Raghwanand, GA-11 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 01-09-2017 Heard learned counsel for the parties.

2. The petitioner has invoked the writ jurisdiction of this Court for release of the Truck bearing registration No.UP 67T/0795, which was seized in connection with Forest Case No.44 of 2017. Subsequently, the confiscation proceeding was initiated vide Confiscation Case No.130 of 2017, pending before the Divisional Forest Officer, Sasaram in the district of Rohtas.

3. Submission of the learned counsel for the petitioner is that the power of the authority concerned to confiscate the vehicle is subjudice before a larger Bench of this Court in LPA No.1647 of 2015 Baleshwar Roy V. The State of Bihar & Ors. Hence, no purpose would be served by continued detention of the truck, which is

Patna High Court Cr. WJC No.1395 of 2017 dt.01-09-2017 P2/ likely to be rotten in police lockup.

4. Finding substance in the submission aforesaid as well as considering the fact that different Division Benches of this Court have ordered interim release of the vehicle in other cases in the similar circumstances, let the truck, in question, be released in favour of the petitioner by way of ad interim custody on execution of surety bond of Rs.20,00,000/- (Twenty Lacs) not in the form of cash/Bank Guarantee along with two sureties of the like amount with condition that the petitioner would not dispose of the said vehicle without permission of the authority concerned or till disposal of the Forest Case aforesaid whichever is earlier and shall produce as and when required by the Court. Further proceeding of Confiscation Case No.130 of 2017, arising out of Forest Case No.44 of 2017, pending before the Divisional Forest Officer, Sasaram in the district of Rohtas, shall remain stayed till disposal of the L.P.A aforesaid and shall be subject to the result of the pending L.P.A.

5. With the aforesaid observation, this writ application stands disposed of.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.09.2017 Transmission Date 05.09.2017