Shailendra Kumar v. The State Of Bihar Through The Principal Secretary, Department Of Forest And Environment, Bihar, Pa

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1978 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- SASARAM (ROHTAS) ===========================================================

1. Shailendra Kumar, Son of Baban Singh, Resident of Village- Mahathin Tola, Baligawan, Police Station- Garhani, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Forest and Environment, Bihar, Patna.

2. The Superintendent of Police, District- Rohtas at Sasaram.

3. The Divisional Forest Officer-cum-Authorised Officer, Rohtas, Forest Division, Rohtas at Sasaram.

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

For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Advocate For the Respondent/s : Mr. Chitranjan Sinha, PAAG-2 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 08-11-2017 Heard learned counsel for the parties.

2. Allegation against the petitioner is that the petitioner was involved in transportation of stone chips and for that allegation the petitioner along with his motorcycle was apprehended.

3. The present writ application is for direction to the respondent authorities to release the motorcycle bearing registration No.BR-24Q-3700 in favour of the petitioner.

4. After hearing the parties and consideration the fact that the said vehicle was not directly used for any illegal purpose, let the same be released in favour of the petitioner by way of ad interim

Patna High Court Cr. WJC No.1978 of 2017 dt.08-11-2017 P2/ custody on execution of surety bond of Rs.50,000/- (Fifty Thousand), not in the form of cash/Bank Guarantee, along with two sureties of the like amount to the satisfaction of the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram, with condition that the petitioner would not dispose of the said vehicle without permission of the authority concerned and shall produce as and when required by the Court.

5. With the aforesaid observation, this writ application stands disposed of.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.11.2017 Transmission Date