Nand Lal Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2297 of 2017 ====================================================== Nand Lal Gupta, Son of Suresh Sah, Resident of Village- Amra Talab, Police Station- Karwandia, District- Rohtas at Sasaram. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Forest Department, Government of Bihar, Patna.

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

4. The Forest Range officer Tilauthu, Rohtas at Sasaram. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vipin Kumar Singh For the Respondent/s : Mr. Chitranjan Sinha (Paag-2) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-07-2018 Let the stamp report be ignored.

Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle Truck bearing Reg. No. BR24G/2396, which has been seized by the police in connection with Forest Case No.48 of 2017, DistrictRohtas at Sasaram for the offence under Sections 33, 41, 42 and 52 of Forest Act. It is alleged that the vehicle in question was carrying stone-chips 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

Patna High Court Cr. WJC No.2297 of 2017 (4) dt.18-07-2018 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 (not in form of bank guarantee or cash) for the value of the vehicle in question as indicated in the insurance document with two sureties of the like amount to the satisfaction of the Divisional Forest Officercum-Authorized Officer, Rohtas at Sasaram/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.

Patna High Court Cr. WJC No.2297 of 2017 (4) dt.18-07-2018 (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/- U T