Rais v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17790 of 2025 ====================================================== Rais Son of Md. Badruddin alias Baharaddin @ Bahruddin Resident of Village- Dangraha, Katpul Chowk, P.O.- Mohamadia, P.S.- Kasba, DistrictPurnea. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Forest, Government of Bihar, Patna.

2.

The District Magistrate, Purnea.

3.

The Divisional Forest Officer, Purnea Range, Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Firoz Raza, Sr. Adv.

Mr. Hasnain Haider For the Respondent/s :

Mr. Government Pleader 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-11-2025 Heard the learned counsel for the petitioner and learned counsel for the State.

2. This application has been filed on behalf of the petitioner seeking a direction upon the respondent no. 02 for disposing of the Confiscation Appeal No. 19 of 2024 within a specified time which will lead to release of tractor and trailer bearing Engine No. 391355/SBD02565 and Chasis No. MBNAN48ADLTD37157.

3. In view of the prayer made in this writ petition, this application is disposed of with a direction to the District Magistrate, Purnea to dispose of the Confiscation Appeal No. 19 of 2024 within a period of two months from today in accordance with law after hearing the parties including the petitioner.

4. If the order in the confiscation appeal goes against the petitioner and he prefers Revision against the order of

Patna High Court CWJC No.17790 of 2025(2) dt.24-11-2025 2/2 confiscation appeal then during pendency of the revision, be released provisionally in favour of the petitioner to the satisfaction of the authority concerned on fulfillment of the following conditions:- i.

The petitioner shall furnish a security of rupees Seven lakhs, not in the form of bank guarantee, before the concerned/competent authority at the time of release of the vehicle in question.

ii.

The petitioner shall furnish all the necessary papers/documents of ownership before the concerned/competent authority.

iii. The petitioner shall undertake, in writing that the vehicle in question, shall neither be alienated nor be transferred/sold in favour of any third party during the pendency of the proceeding and that the vehicle in question shall be produced as and when called upon or required in the proceeding or otherwise.

(Sandeep Kumar, J) Vikas/- U