IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45322 of 2009 1. Shambhu Kumar, Son of Kapil Yadav @ Kapildeo Prasad 2. Awadhesh Kumar @ Awadhesh Yadav, Son of Kapil Yadav @ Kapildeo Prasad Both residents of village- Sakir Bigha, Police Station- Belaganj, District- Gaya. ……………. Petitioners Versus The State of Bihar ………… Opposite Party ----------- 2. 21-06-2010 Heard Both the sides. Present application has been filed questioning the legality of order dated 7-11-2009. By the said order the Learned Chief Judicial Magistrate has refused to allow the applications filed by the petitioner seeking release of the two trucks involve in the offence punishable under diverse sections of Indian Forest Act. It appears that a confiscation proceeding has already been initiated with respect to the aforesaid two trucks. Learned counsel for the petitioner submits that he shall be filing appropriate applications in the aforesaid proceeding and this Court should issue necessary direction directing the confiscation authority to consider the same on merit. It needs no emphasis and or direction that if an application is filed in a proceeding, which is judicial and/or quasi-judicial the same has to be considered on its own merit in accordance with law. With the aforesaid observation, this application is disposed of. Fahad. ( Kishore K. Mandal, J.)