Patna High CourtCWJC/7667/2018disposed

Pramod Kumar v. The State Of Bihar And ORS

2018-04-24Mr. Justice Rajeev Ranjan Prasad,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7667 of 2018 ====================================================== Pramod Kumar, Son of Jamuna Sah, R/o Village- Phulwariya, P.S.- Chenari, District- Rohtas at Sasaram.

... ... Petitioner/s

Versus

1. The State of Bihar, through the Mines Commissioner, Bihar, Patna.

2. The District Magistrate, cum Collector Kaimur at Bhabua

3. The District Mining Officer, Mohania, District Kaimur at Bhabua.

4. The District Transport Officer, Kaimur at Bhabua.

5. The Enforcement Inspector, Transport Department Bihar, Patna.

6. The Superintendent of Police, Rohtas at Sasaram.

7. Officer in charge of Chenari Police Station. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Respondent/s :

Mr. Gyan Prakash Ojha -G.A-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 24-04-2018 Vehicle of the petitioner (truck) bearing Registration No. UP65 AT-0548 has been seized in connection with Chenari P.S. Case No. 282 of 2017 for offence under Section 379/411 I.P.C. read with Section 40 (1) of the Bihar Mining Act, 1972. The petitioner was found transporting sand illegally in the vehicle in question.

Keeping in view the facts and circumstances of the case, we direct that the aforesaid vehicle of the petitioner be released on the petitioner furnishing two local sureties to the satisfaction of the District Magistrate, Kaimur at Bhabua and

Patna High Court CWJC No.7667 of 2018(2) dt.24-04-2018 2/2 further undertaking that the petitioner shall not alienate the vehicle or deal with it in any manner adverse to the right of the State Government and not create a third party interest and shall produce the vehicle before the District Magistrate as and when ordered. The order passed by us is only to release the vehicle. The sand seized shall not be released along with the vehicle and the petitioner shall abide by all conditions for release of the vehicle till disposal of the criminal case and the confiscation proceedings. The vehicle in question shall be released within a period of one week from the date of furnishing the sureties. With the aforesaid, the application stands disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) P.K.P./- U