IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.308 of 2008 TARKESHWAR PRASAD GUPTA,SON OF RAM NARESH SAH,RESIDENT OF VILLAGE-JORI,P.S. CHANDAULI, DISTRICT CHANDAULI, UTTAR PRADESH---PETITIONER Versus 1. STATE OF BIHAR 2. THE DISTRICT MAGISTRATE,KAIMUR AT BHABHUA 3. THE SUB DIVISIONAL OFFICER, BHABHUA, DISTRICT KAIMOOR 4. THE BLOCK SUPPLY INSPECTOR, CHAINPUR, DISTRICT KAIMOOR AT BHABHUA---RESPONDENTS ----------- 6 12.2.2009 Prayer of the petitioner is for release of vehicle bearing registration No. UP-67B/4231 which has been seized in connection with Chainpur P.S. case No. 131 of 2007. It is the assertion of the petitioner that he filed application for its release before the District Magistrate,Kaimur in Case No. 03 of 2007-08 and by order dated 1.2.2008 his application was rejected and the Kerosene Oil alleged to have been transported in that directed to be confiscated. Mrs. Anju Praveen, appearing on behalf of the petitioner states that the Collector by the said order had directed for further action in respect of the vehicle in question but till date it has not been confiscated. Accordingly, prayer has been made for its release on furnishing sufficient security. Standing Counsel No.XV appears on behalf of the State. I am of the opinion that keeping the vehicle for a long time may diminish its value and shall be of no use. Accordingly, I consider it just and proper to direct release of the vehicle bearing registration No.UP-67B/4231 on the petitioner furnishing bank guarantee of Rs 300000/-(Three lakhs) to the satisfaction of the District Magistrate, - 2 - Kaimur. Accordingly, this application is allowed and the respondents are directed to release the vehicle aforesaid on furnishing bank guarantee of Rs.3,00000/-(three lakhs.) to the satisfaction of the District Magistrate,Kaimur. (Chandramauli Kr.Prasad,ACJ.) A.Kumar