IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1130 of 2008 Makeshwar Yadav, son of Late Puna Yadav, resident of village- Mananpur, P.S. Chanan, district- Lakhisarai …… Petitioner Versus 1.The State Of Bihar 2.The District Magistrate, Lakhisarai 3.The superintendent of Police, Lakhisarai 4.The Deputy Superintendent of Police, Lakhisarai 5.The Officer-in-Charge, Chanan Police Station, District- Lakhisarai. …… Respondents. ----------- 7. 18/05/2009 Heard learned counsel for the petitioner and learned Standing Counsel No.19 for the respondents. Petitioner has filed this writ application for setting aside order dated 5.8.2008 passed by learned Chief Judicial Magistrate, Lakhisarai in Lakhisarai P.S.Case No.139 of 2008, by which petition filed by the petitioner for release of his tractor and trailer has been rejected. Learned counsel for the petitioner submits that the tractor and the trailer with loaded chips was seized by the police and proceeding against him for illegal mining of chips was initiated. It is submitted that a substantive case under the Indian Penal Code as well as a proceeding under Indian Forest Act is pending against the petitioner. However, learned counsel for the petitioner submits that in normal course - 2 - the proceeding will take some time to conclude and the tractor and trailer will remain in open in the police station facing vagaries of nature and causing damage to the same. He submits that in the circumstances a petition was filed by the petitioner before learned Chief Judicial Magistrate in the case for the purpose which was allowed earlier by order dated 17.6.2008, a copy whereof is annexed as Annexure-4. However, later on, on the petition of the D.P.O., Lakhisarai, learned Chief Judicial Magistrate, Lakhisarai, by the impugned order, has stopped implementation of the said order. Learned Standing Counsel No.19 submits that since the confiscation proceeding is pending against the petitioner, the tractor and the trailer is subject to confiscation and if proceeding is concluded against the petitioner, the tractor and the trailer shall stand confiscated by the court under the law. In that view of the matter, he submits that in case tractor and trailer is released in favour of the petitioner, he may dispose of the same or cause their disappearance, frustrating the confiscation proceeding. Learned counsel for the petitioner submits - 3 - that the petitioner may be put to any condition for release of his tractor and trailer so that due to damage caused to it by lying it in the police station, he may not suffer irreparable loss. Considering the fact that the confiscation proceeding and substantive case against the petitioner may not be disposed of on an early date, this Court directs learned Chief Judicial Magistrate, Lakhisarai to issue necessary orders directing the District Forest Officer, Munger to issue release order for release of the tractor and trailer of the petitioner in his favour upon petitioner’s furnishing security bond or bank guarantee as the court may require from the petitioner and also with an undertaking in writing given by the petitioner that he will not dispose of or cause disappearance of the tractor and trailer and shall produce the same in the proceeding as and when required by the authorities and the Court. With the aforesaid observations and directions, this writ application is disposed of. Pradeep/ (J. N. Singh, J.)