IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.433 of 2008 BAIJNATH PRASAD & ORS Versus THE STATE OF BIHAR & ORS ----------- For the petitioners: Mr. Purnendu Singh, Advocate For the State: AC to SC XX 6 27/4/2009 The forest official seized trucks bearing Registration Nos. RJ/05H-2435 and RJ/05H-2985 along with loaded timbers. These trucks were released on the basis of orders passed by this court in CWJC. No.4773 of 2003, CWJC. No.4782 of 2003 and CWJC. NO.4782 of 2003. It is stated on behalf of the petitioner that on the direction of the Divisional Forest Officer, Tirhut Forest Extention Division, again the truck bearing Registration no.RJ/05H-2435 was seized and inspection was conducted of M/S Goyal Timber under the provisions of the Bihar Saw Mills (Regulation) Act and the First Information Reports being Sitamarhi P.S. Case nos. 393/2003, 394/2003 and 395/2003 were registered. The case of the petitioner is that in view of the order of this court in CWJC . No.6144 of 2005, the act of the forest official seizing the vehicle again can be 2 held to be illegal and even no further proceeding is possible. A counter affidavit has been filed stating therein that there is reason to believe that the petitioners were involved in dealing with the transportation of timbers and the respondent – State has relied on the decision of this court in LPA No. 207 of 2005. In these circumstances, I am of the opinion that the prosecution against the petitioners cannot be quashed at this stage. However, it is a fit case where the petitioners if file an application for bail before the court below concerned they shall be granted bail the same day on such conditions as it thinks fit and proper. The petitioner, if so advised, may file a petition for discharge before the concerned Magistrate by highlighting all the grounds available to them and the same shall be considered and disposed of by the concerned Magistrate in accordance with law. With the aforesaid observation, this application stands disposed of. 3 Let a copy of this order be communicated to the court below concerned through FAX after depositing the cost of the same by the petitioners. Neyaz/ (J. B. Koshy, CJ.)