Sanjay Kumar Sah @ Sanjay Gupta @ Jangali v. The State Of Bihar, Through The Principal Secretary, Mines And Geology Department, Government Of Bi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1313 of 2018 Arising Out of PS.Case No. -null Year- null Thana -null District- SASARAM (ROHTAS) =========================================================== Sanjay Kumar Sah @ Sanjay Gupta @ Jangali, son of Late Bhagwan Sah, R/o village - Maliyabagh, P.S. - Dawath, District - Rohtas. .... .... Petitioner

Versus

1. The State of Bihar, through the Principal Secretary, Mines and Geology Department, Government of Bihar, Patna

2. The District Magistrate, Rohtas

3. The Superintendent of Police, Rohtas

4. The Circle Officer, Dawath District - Rohtas

5. The SHO, Dawath Police Station, District - Rohtas .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar For the Respondent/s : Mr. Gyan Prakash Ojha, G.A.7 =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 09-05-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle (Truck Lorry) bearing registration no. JH10T-7984 in favour of the petitioner in connection with Dawath P.S. Case No. 23/2018 for the offences under Section 379/34 of the Indian Penal Code and Rule 40(i) (vii) of the Bihar Minor Mineral Rules, 2017.

Learned counsel for the petitioner submits that the petitioner is ready and willing to abide by the terms and conditions which may be imposed by this Court for provisional release of the vehicle in question.

In the facts and circumstances, pending initiation or finalization of the confiscation proceeding, let the vehicle, if belongs to the petitioner, be released provisionally on

Patna High Court Cr. WJC No.1313 of 2018 dt.09-05-2018 production of proof of ownership and registration of the vehicle in his favour subject to the following conditions:- (i) Petitioner shall furnish a surety bond of Rs. 15,00,000/- (Fifteen Lakhs only) (not in form of cash or Bank guarantee) with two sureties of the like amount to the satisfaction of the Collector-cum-District Magistrate, Rohtas. (ii) Petitioner shall furnish an undertaking that he would not alienate or encumber the vehicle or deal with them adverse to the interest of the State and shall produce the vehicle before the Collector-cum-District Magistrate, Rohtas, as and when directed.

(iii) A photograph of the vehicle shall be taken and panchnama be also prepared, certified and be kept on record in accordance with law.

This application is, accordingly, disposed off. (Rajeev Ranjan Prasad, J) Rajeev/- AFR/NAFR CAV DATE Uploading Date 11.05.2018 Transmission Date 11.05.2018