Subhash Kumar Gupta @ Subash Kumar Gupta v. The State Of Bihar, Through The Principal Secretary, Department Of Forest And Environment, Bihar, P

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) Criminal Writ Jurisdiction Case No.890 of 2017 Arising Out of PS. Case No.-49 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Rohtas ====================================================== Subhash Kumar Gupta @ Subash Kumar Gupta son of Jagarnath Sah, resident of Village- Amra Talab, P.S.- Sasaram M, District- Rohtas. ... ... Petitioner

Versus

1.

The State of Bihar, through The Principal Secretary, Department Of Forest And Environment, Bihar, Patna.

2.

The District Magistrate, Rohtas at Sasasram.

3.

The Divisional Forest Office-cum-Authorized Officer, Rohtas Forest Division, Sasaram, District- Rohtas.

4.

The Forest Officer, Tilauthu, District- Rohtas. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Singh, Advocate For the Respondent/s :

Mr. J.P. Sharma, AC to GP-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-12-2022 By filing this writ application, the petitioner is seeking quashing of the Forest Case No. 49 of 2017 dated 22.04.2017 as contained in Annexure '2' to the writ application. The petitioner is said to be the owner of the truck bearing registration no. BR02GA/4604. The truck in question has already been ordered to be released in favour of the petitioner by way of an ad-interim custody on execution of surety bond of Rs. 20,00,000/- by a learned co-ordinate Bench of this Court by order dated 24.07.2017.

It appears on perusal of the records that earlier the truck was subjected to a confiscation proceeding. The said

Patna High Court CR. WJC No.890 of 2017(4) dt.02-12-2022 2/2 confiscation case is not under challenge in the present writ application.

Mr. J.P. Sharma, learned AC to GP-21 appears for the State.

A counter affidavit has been filed on behalf of Respondent no. 3 and the case of the petitioner has been contested.

After some arguments, Mr. Rajnikant Singh, learned counsel for the petitioner seeks permission to withdraw this application with liberty to seek his remedy if the petitioner would have any subsequent cause of action.

Permission is granted.

Application is dismissed as withdrawn with liberty as prayed for.

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