Ravindra Singh v. The State Of Bihar Through The Chief Secretary, Government Of Bihar, Old Secretariat, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1956 of 2017 ======================================================

1. Ravindra Singh Son of Vishwanath Singh, R/o Bajrangpuri, Shahid Bhagat Singh Path , Anchal- Patna Sadar, P.S.- Alamganj, Districtpatna. .... .... Petitioner/s

Versus

1. The State of Bihar Through The Chief Secretary, Government of Bihar, Old Secretariat, Patna.

2. The Principal Secretary, Mines & Minerals, Government of Bihar, Patna.

3. The District Mines Officer, Jehanabad.

4. The Superintendent of Police, Jehanabad.

5. The Sub Divisional Officer, Jehanabad Sadar, Jehanabad.

6. The Station House Officer, Ghosi Police Station, District- Jehanabad.

7. Banshidhar Construction Pvt. Ltd. Godiha, Jehanabad, through its Managing Director.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumod Kumar Shrivastaw, Advocate For the Respondent/s : Mr. Md. Raisul Haque (SC 10) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-11-2017 Heard learned counsel for the petitioner and the State.

2. Nine trucks fully detailed in para-1 of the writ application bearing registration Nos. BR-31GA/3556, BR31GA/3686, BR-31GA/3557, BR-31GA/3684, BR-31GA/3897, BR-31GA/2077, BR-31GA/3621, BR-31GA/3685 and BR31GA/3622 of the petitioners were seized in connection with Ghosi P.S. Case No.178 of 2017 as they were carrying sand without proper license or authority.

Patna High Court Cr. WJC No.1956 of 2017 (3) dt.22-11-2017 P2/

3. Learned counsel for the petitioner submits that the sands was being carried after purchase from the dealer on payment. Receipts and transportation challans are enclosed with the writ application. He further submits that no purpose would be served by continued detention of the aforesaid vehicle.

4. Considering the facts and circumstances of the case, let the aforesaid vehicles 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) for each vehicle along with two sureties of the like amount to the satisfaction of the learned Court-below/authority concerned where the case is pending, with condition that the petitioner would not dispose of the said vehicles or put the same under encumbrance without permission of the authority concerned and shall produce as and when required by the Court.

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

(Birendra Kumar, J) Mkr./- U T