Pintu Kumar v. The State Of Bihar Through Principal Secretary Forest Department Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1154 of 2018 ====================================================== Pintu Kumar S/o Moti Saw, R/o Vill.- Amara Talab, P.S.- Sasaram (M), District- Rohtas, Sasaram.

.... .... Petitioner/s

Versus

1. The State of Bihar Through Principal Secretary Forest Department Government of Bihar, Patna.

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

3. The District Magistrate, Rohtas, Sasaram.

4. The Authorised Officer Cum Divisional Forest Officer Rohtas, Sasaram.

5. The Forestar Sasaram Forest Circle at and P.O.- Sasaram, P.S.- Sasaram, District- Rohtas.

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

For the Petitioner/s : Mr. Uma Shankar Singh,Adv. For the Respondent/s : Mr. Chittranjan Sinha (PAAG-2) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-07-2018 While passing the order dated 04.05.2018 granting time to the State to seek instruction and say as to why the application preferred by the petitioner for provisional release of the vehicle is not being disposed off by the authorized authoritycum-Divisional Forest Officer, Rohtas, Sasaram, a liberty was granted to the authorized officer to hear and dispose off the application and the pendency of the application shall not come in the way of the authorized officer.

Today, this Court has been informed that despite the order to the effect by this Court on 04.05.2018 neither any affidavit has been filed nor any reason has been shown as to why

Patna High Court Cr. WJC No.1154 of 2018 (3) dt.24-07-2018 the application for release of the vehicle has not been disposed off by the authorized officer. No reason at all has been shown for noncompliance of the order passed by this Court. In the facts and circumstances of this case, this Court would direct provisional release of the vehicle in question bearing Reg. No.JH02L/2215, which has been seized in connection with Forest Case No.9 of 2018, on the petitioner furnishing two sureties to the extent of value based on insurance document to the satisfaction of Authorized Officer-cum-Divisional Forest Officer, Rohtas at Sasaram in Confiscation Case No.17/2018 which is said to be pending presently. The petitioner shall furnish an undertaking that he will not deal with the vehicle in question and shall not create any third party interest adverse to the interest of the State. He will also give an undertaking that as and when required the vehicle shall be produced before the respondent no.4. The application stands disposed off.

(Rajeev Ranjan Prasad, J) Arvind/- R.R.Ojha/Ved.

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