Arjun Singh v. The State Of Bihar Through The Chief Secretary Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1952 of 2018 Arising Out of PS. Case No.-132 Year-2018 Thana- BARUN District- Aurangabad ====================================================== Arjun Singh, Son of Ramdeo Singh, Resident of Village Chandar Bigha, P.S.- Barun, District- Aurangabad.

... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Director of Mines Government of Bihar.

3. The District Mineral Development Officer, Aurangabad.

4. The District Magistrate cum Collector, Aurangabad.

5. That Superintendent of Police, Aurangabad.

6. The District Mines and Minerals Development Officer, Aurangabad.

7. That Officer -In-charge, Barun Police Station, District- Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Leelawati Kumari For the State :

Mr. Obadullah, AC to SC 10 For the Mines Deptt :

Mr. Naresh Dikshit, Ms. Kalpana ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-10-2018 As prayed for, learned counsel for the petitioner is permitted to make necessary correction of the typographical errors occurred in paragraph -1 of the writ application. This application has been preferred seeking release of the vehicle Blue Colour Mahindra Swaraj 735XT Tractor bearing Engine No. 39.1355/SZGO6348, Chassis No. WZTG2842813369 with Tailor (Dala). Learned counsel for the petitioner submits that presently no confiscation proceeding has been initiated in this case.

Learned counsel representing the Department of Mines is present and does not dispute this question.

Patna High Court Cr. WJC No.1952 of 2018(3) dt.01-10-2018 2/2 In the given facts and circumstances of the case, let the vehicle be provisionally released on the petitioner's producing document of ownership and registration of the vehicle in his favour along with two sureties to the extent of the value of the vehicle as indicated in the insurance documents. The petitioner shall also file an undertaking that he will not deal with the vehicle in question during the pendency of the criminal case or confiscation proceeding, if any, that may be initiated in future and shall not create any third party interest in any form whatsoever. The petitioner shall also undertake to produce the vehicle as and when required before the court below or the concerned authority.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) mrl./- U