IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13309 of 2009 ***** 1. AFZAL IMAM S/O MD. MAKSOOD QUARASI VILL.- BELHARIA, P.S.- TEKARI, DISTT.- GAYA. …. …. Petitioner Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY DEPARTMENT OF ENVIRONMENT AND FOREST, GOVERNMENT OF BIHAR, PATNA 2. THE DIVISIONAL FOREST OFFICER GAYA FOREST DIVISION, GAYA 3. THE FOREST RANGE OFFICER FURPA FOREST RANGE, GURPA DISTT.- GAYA …. …. Respondents ----------- For the Petitioner : Mr. Madhuresh Prasad, Advocate For the State : Government Pleader-XVIII ----------- 2. 27.10.2009. Heard counsel for the parties. Earlier by virtue of an order passed by this Court on 30.7.2009 in C.W.J.C. No. 8836 of 2009, the truck in question was ordered to be released in favour of the petitioner after due verification of ownership subject to the result of the confiscation case. Petitioner is now back before this Court stating that it is a 12 years old truck but the Divisional Forest Officer has fixed a bank guarantee of Rs.4,25,000/- as the surety before it can be released. Submission of the counsel is that a reasonable and fair assessment ought to be made in this regard keeping the life span of the truck which has been seized. The above fact is based on the owner-book which has also been brought on record and the facts stated before the Bench. Keeping the depreciated value of the truck after so many years the Court disposes of the writ application with a direction that let the petitioner produce a bank guarantee now of Rs.2,25,000/- or such other surety to the satisfaction of the Divisional Forest Officer before releasing the truck in question. Needless to say as directed by the Court - 2 - earlier, it would be subject to the final decision in the confiscation proceeding. This writ application stands disposed of with above direction. Pawan/- (Ajay Kumar Tripathi, J.)