IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.90 of 2010 Awadhesh Kumar Thakur, son of Sri Baleshwar Thakur, resident of village- Utarnama, P.S. Rahui, District- Nalanda ……… Petitioner Versus 1.The State Of Bihar 2.The District Magistrate-cum-Collector, Nalanda 3.The Sub-Divisional Officer, Biharsharif, Nalanda ……… Respondents ----------- For the Petitioner : M/s Ajay Kumar Thakur, Imteyaz Ahmad and Ravi Ranjan-1, Adv. For the State : Mr.Amish Kumar, A.C. to S.C.18. ----------- 2. 19/02/2010 Petitioner has filed this writ application for a direction to respondent no.2 District Magistrate, Nalanda to release the tractor and trailer of petitioner which is subject to Confiscation Case No.06 of 2009. Learned counsel for the petitioner submits that the tractor and trailer is lying in open air and subjected to vagaries of nature and condition of the same may deteriorate causing substantial pecuniary loss to petitioner. He submits that confiscation proceeding is going on which may take some time. Therefore, the tractor-trailer may be released in favour of petitioner, who claims to be the owner of the same, on such terms and conditions as respondent no.2 may impose in the interest of the proceeding. - 2 - Learned counsel for the State submits that if petitioner is ready to furnish sufficient security and bonds and fulfils other terms and conditions which may be imposed, the tractor-trailer may be released in his favour. In the circumstances, this writ application is allowed. The District Magistrate, Nalanda is directed to release the tractor-trailer, which is subject to Confiscation Case No.06 of 2009, in favour of petitioner, who is the owner of the same, upon such terms and conditions which may be necessary in the interest of prosecution, which shall be subject to final orders in the confiscation proceeding. Pradeep/ (J. N. Singh, J.)