Kittu Kumar Singh@Ketu Kumar Singh v. The State Of Bihar Through Chief Secretary, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.175 of 2018 ====================================================== KITTU KUMAR SINGH@KETU KUMAR SINGH S/o Sri Raj Kishore Singh, R/o Village- Jayankhurd (Jayantkhurd), P.S.- Kanti, Karza, DistrictMuzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar Through Chief Secretary, Bihar, Patna .

2. The Senior Superintendent of Police, Patna.

3. The Superintedent of Police, Rural, Patna.

4. The Station Head Officer, Bihta P.S., Bihta Patna.

5. The Principal Secretary, Department of Mines and Geology, Govt. of Bihar, Patna.

6. The Assistant Director, Department of Mines and Geoogy, Govt. of Bihar, Patna.

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

For the Petitioner/s : Mr. Shambhu Nath Jha For the Respondent/s : Mr. Kaushal Kr. Jha (AAG-8) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle Truck bearing Reg.No.BR-06GC-2207, Chassis No.444026KTZ141077, Engine No.697TC57KTZ151125, which has been seized by the police in connection with Bihta P.S. Case No.523 of 2017, District-Patna for the offence under Sections 406, 420, 467, 468, 471 and 120B/34 of the IPC and Section 3 of Bihar Mineral and Prevention of Illegal Mining and Transportation Rules, 2003. It is alleged that the vehicle in question was carrying sand illegally.

Patna High Court Cr. WJC No.175 of 2018 (2) dt.17-02-2018 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 of the petitioner be provisionally released on production of proof of ownership and registration of the vehicle in his favour subject to the following conditions:- (i) Petitioner shall furnish surety bond of Rs.20,00,000/- (twenty lakhs) (not in form of bank guarantee or cash) with two sureties of the like amount to the satisfaction of court below or the 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

Patna High Court Cr. WJC No.175 of 2018 (2) dt.17-02-2018 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 undertakes 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/- U T