IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.545 of 2008 SUNIL KUMAR @ SUNIL YADAV Versus STATE OF BIHAR & ANR ----------- 2 27.8.2008 Heard leaned counsel for the petitioner and leaned Govt. Advocate- 2 representing the State of Bihar. In the instant writ petition, the petitioner prays for commanding the respondents to release his new tractor, namely, Sonalika International without registration number having Model d-I- 740, chasis no. 99065A/11400 engine no. D/27 290 and trailor. Learned counsel for the petitioner submits that the patrolling party had seized his new tractor with 100 sq. ft. boulder alleging the same to be the forest property though he had not got the boulder from any party of the forest. Further case is that in spite of order of the District magistrate, Lakhisarai dated 18.9.2004, passed in Confiscation Appeal No. 2/2001-02 to release the seized tractor in his favour, the Divisional Forest officer, respondent no.2 has not released the same up till date. It is also submitted that no criminal case had been instituted in connection with the seizure of his tractor. It is submitted by the learned Government Advocate that in the matter in hand, this Court vide order dated 11.7.2002, passed in CrWJC No. 201 of 2001 had directed the petitioner for furnishing bank guarantee. After hearing the parties, this Court is of the view that the order of the learned Collector, Lakhisarai 18.9.2004 is not in violation of order dated 11.7.2002, passed in Cr WJC No. 201 of 2001, - 2 - whereunder the Court had given an option to the petitioner that if he furnishes bank guarantee, the vehicle in question would be released in his favour as the appellate authority had subsequently found the confiscation not well founded, it dropped the proceeding and directed for release of the tractor. In the facts and circumstances of the case, this Court directs respondents to release the aforesaid vehicle of the petitioner in his favour forthwith, in any case, within four weeks from the date of receipt/production of a copy of this order. The writ petition stands disposed of. Shashi. (S.P.Singh,J).