Vijay Kumar Singh v. The State Of Bihar, Through The Principal Secretary, Mines And Geology Dept., Government Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.876 of 2018 ====================================================== Vijay Kumar Singh, S/o Kamlesh Singh, R/v- Paithan Toli, Huddapar, P.S.- Maner, Distt- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar, Through The Principal Secretary, Mines & Geology Dept., Government of Bihar, Patna.

2. The District Magistrate, Patna.

3. The Senior Superintendent of Police, Patna.

4. The Station House Officer of Maner Police Station, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Sinha ,Advocate For the Respondent/s : Mr. Prashant Pratap (Gp2) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle Tractor, bearing Reg. No.BR1AA-7012 and Trailer bearing Registration No.BR1G6228 which has been seized by the police in connection with Maner P.S. Case No.603of 2017, District-Patna for the offence under Sections 379, 411 and 34 of the Indian Penal Code and 4/14 of the Bihar Minor Mineral Concession Rule, 1972 and 3/8 of Bihar Mineral (Prevention) of Illegal Mining Transportation and Storage (Rule) 2003. It is alleged that the vehicle in question was carrying sand illegally.

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.

Considering the facts and circumstances, pending initiation or finalization of the confiscation proceeding, let the vehicle of the petitioner be released provisionally within one week from the date of production of proof of ownership and registration of the vehicle in favour of the petitioner subject to the following conditions:- (i) Petitioner shall furnish surety bond of Rs.4,00,000/- (Sixty Thousand) (not in form of bank guarantee or cash) with two sureties of the like amount to the satisfaction of District Magistrate, Patna/authority concerned.

(ii) The petitioner shall also give an undertaking that he will not deal with the vehicle in question and shall not alienate or encumber the same creating any kind of adverse interest against the interest of the State, he will not use the vehicle for any illegal purpose and as and when required, he will produce the vehicle in question before the competent court/authority.

(iii) At the time of release, the concerned authority/court shall get prepared a photograph duly certified in presence of the petitioner and panchnama of the vehicle in question shall also be prepared and keep the same on record which may be used as secondary evidence.

(iv) Petitioner shall undertake not to challenge the said photograph and panchnama so prepared in his presence at the time of release of vehicle in question for use in course of trial or the confiscation proceeding, as the case may be.

The application stands disposed of.

(Rajeev Ranjan Prasad, J) Arvind/R.R.Ojha U T