Patna High CourtCWJC/17371/2017disposed

Raj Kumar v. The State Of Bihar And ORS

2017-11-28The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17371 of 2017 ====================================================== Raj Kumar, Son of Nathu Ram, R/o Aliganj Dafaltola, P.S. Shahganj, District- Jaunpur (U.P.).

... ... Petitioner/s

Versus

1. The State of Bihar, through the Mines Commissioner, Bihar Patna.

2. The District Magistrate cum Collector Kaimur at Bhabua.

3. The District Mining Officer, Mohania, District Kaimur at Bhabua.

4. The District Transport Officer, Kaimur at Bhaua.

5. The Enforcement Inspector, Transport Department Bihar, Patna.

6. The Superintendent of Police, Kaimuar at Bhabua.

7. Officer in charge of Mohania Police Station. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Respondent/s :

Mr. K.K. JHA - AAG-8 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 28-11-2017 Having heard learned counsel for the parties, we direct that pending finalization of the proceedings initiated against the petitioner under the Bihar Mines Act so also of criminal and confiscation proceedings, the vehicle in question (Truck) bearing Registration No. UP 62 T 6931, after unloading of the mineral in question, which shall be kept in the custody of the State Government, be released to the petitioner in connection with Mohania P.S. Case No. 633 of 2017, on the petitioner being furnishing Bank Guarantee to the satisfaction of the District Magistrate-cum-Collector, Kaimur at Bhabua, subject to further

Patna High Court CWJC No.17371 of 2017(2) dt.28-11-2017 2/2 undertaking not to alienate or deal with the vehicle in question during the pendency of the proceeding and to produce it before the competent authority namely The District Magistrate-cumCollector, Kaimur at Bhabua as and when directed. With the aforesaid, the writ petition stands disposed of. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.