Sunil Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15375 of 2015 ====================================================== Sunil Kumar Singh, son of Nandjee Singh, resident of Mohalla-Japliganj, Ballia, P.S. Kotwali, District- Ballia( U.P.) .... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Forest Department, Govt. of Bihar, Patna

2. The Chief Conservator of Forest, Bihar, Patna

3. The District Magistrate, Rohtas, Sasaram

4. The Authorised Officer-cum- Divisional Forest Officer, Rohtas, Sasaram

5. The District Forest Officer, Rohtas, Sasaram

6. The Range Officer, Sasaram Forest Ara at Sasaram

7. The Forestor Tilauthu-cum-Darigaon, Forest Circle, District- Rohtas .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. AC to GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-09-2015 Heard Sri Uma Shankar Singh, learned counsel for the petitioner and learned AC to GA-7.

The petitioner, invoking writ jurisdiction of this Court under Article 226 of the Constitution of India, has prayed for directing the Respondents to provisionally release his truck, bearing Registration No.UP-60K/3949.

Learned counsel for the petitioner submits that his truck was seized on 28.08.2015. It has been accepted by learned counsel for the petitioner that besides initiating confiscation proceeding, a criminal case vide Forest Case no.04 of 2015 has also been initiated. The confiscation proceeding is pending before

Patna High Court CWJC No.15375 of 2015 (2) dt.28-09-2015 2/2 the Respondent no.4. Learned counsel for the petitioner submits that the petitioner has filed a petition for provisional release of his vehicle. Accordingly, a prayer is being made for provisional release of his truck during pendency of the confiscation proceeding.

Learned counsel for the State opposing the prayer of the petitioner submits that only in the month of August, 2015 the vehicle of the petitioner was seized carrying stone chips, which was being illegally carried.

Keeping in view the fact that the vehicle in question was recently seized and confiscation proceeding is already going on, there is no reason to pass any order for provisional release of the truck. The writ petition stands dismissed. (Rakesh Kumar, J) NKS/- U