Vikash Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2012 of 2017 ====================================================== Vikash Kumar, S/o Ram Bali Singh, R/o Village- Gopi Bigha, P.S.- Dehri, District- Rohtas at Sasaram.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Forest Department , Government of Bihar, Patna.

3. The Divisional Forest Officer Cum Authorised Officer, Rohtas at Sasaram.

4. The Forest Range Officer Tilauthu, Rohtas at Sasaram. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vipin Kumar Singh For the Respondent/s : Mr. Raghwanand (GA-Xi) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-02-2018 Learned counsel for the petitioner does not press this application as regards quashing of the Forest Case bearing no.40 of 2017.

Learned counsel for the petitioner submits that the confiscation proceeding being Confiscation Case No.110 of 2017 is still pending before the Authorized Officer-cum-Divisional Forest Officer, Rohtas at Sasaram.

Pending finalization of confiscation proceeding, let the vehicle Truck bearing Reg.No.JH02R/4322, which has been seized in connection with Forest Case No.40 of 2017, DistrictRohtas, be released provisionally on production of proof of

Patna High Court Cr. WJC No.2012 of 2017 (4) dt.21-02-2018 ownership and registration of the vehicle in favour of the petitioner subject to the following conditions:- (i) Petitioner shall furnish a surety (not in form of cash or Bank guarantee) of Rs. 20,00,000/- (twenty lakhs) with two sureties of like nature to the satisfaction of the authority concerned.

(ii) The petitioner shall also give an undertaking that he will not deal with the vehicle in question and shall not alienate or encumber the same creating any kind of adverse interest against the interest of the State, he will not use the vehicle for any illegal purpose and as and when required, he will produce the vehicle in question before the competent court/authority.

(iii) At the time of release, the concerned authority/court shall get prepared a photograph duly certified in presence of the petitioner and panchnama of the vehicle in question shall also

Patna High Court Cr. WJC No.2012 of 2017 (4) dt.21-02-2018 be prepared and keep the same on record which may be used as secondary evidence.

(iv) Petitioner undertakes not to challenge the said photograph and panchnama so prepared in his presence at the time of release of vehicle in question for use in course of trial or the confiscation proceeding, as the case may be.

The application stands disposed of.

(Rajeev Ranjan Prasad, J) Arvind/- U T