IN THE HIGH COURT OF JUDICATURE AT PATNA CR. W.J.C. NO.19 OF 2010 UMESH KUMAR, SON OF ARJUN PRASAD, RESIDENT OF SIMLA, NAWAB GANJ, PATNA CITY, DISTRICT PATNA……………………………………………………….………….PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE-CUM-COLLECTOR, GAYA 3. THE AUTHORIZED OFFICER-CUM-DIVISIONAL FOREST OFFICER, GAYA 4. THE FORESTER, FOREST OFFICE, GAYA 5. MRS. KAPPORWA DEVI, MUKHIYA, NAUDIHA THURANG GRAM PANCHAYAT, P.S. FATEHPUR, DISTRICT GAYA…………………………….RESPONDENTS -------- 2. 15.04.2010 Heard learned counsel for the petitioner and learned counsel for the State. From the pleadings made in paragraph 9 of the writ application itself it appears that Confiscation Case No.39/09 was decided against the petitioner against which his statutory appeal bearing Confiscation Appeal No.16/09 is pending in the court of the District Magistrate -cum-Appellate Authority since 06.11.2009. In view of the fact that a confiscation order has been passed against which confiscation appeal has been filed which is pending, this Court is not inclined to pass an order of release of the truck pending appeal. Therefore, this writ application is - 2 - disposed of with a direction to the District Magistrate-cum-Appellate Authority, Gaya to dispose of the appeal preferably within a period of three months from today. In case the appeal is not disposed of within three months, the appellate authority shall consider release of the truck on furnishing cash security or bank guarantee by the petitioner in the pending appeal. B.T (J. N. Singh, J.)