PATNA HIGH COURT ISSUES JUDGMENT ON THE STATE OF BIHAR AND ORS. V/S DEEPAK KUMAR

PATNA, India, May 6 -- Patna High Court issued the following judgment on April 2:

1. This Letters Patent Appeal has been filed by the State of Bihar challenging the order dated 12.01.2026 passed by the learned Single Judge in C.W.J.C. No. 5456 of 2020.

The aforesaid writ petition was filed by one Deepak Kumar @ Deepak Kumar Singh for quashing the order dated 30.10.2019 passed in Forest Revision Case No. 17 of 2018 by the Principal Secretary of Environment, Forest and Climate Change Department, Bihar, Patna by which the revision case was dismissed and the order dated 14.11.2017 passed by the District Magistrate, Rohtas at Sasaram in Forest Confiscation Appeal No. 15 of 2016 was affirmed, so also the order dated 23.12.2015 passed by the Divisional Forest Officer-cumAuthorised Officer, Rohtas at Sasaram in Confiscation Case No. 127 of 2015.

2. After issuance of notice, counter affidavit was filed by Respondent No.1, i.e., the Principal Secretary, Forest Department, Government of Bihar, Patna and supplementary affidavit as well as counter affidavit filed by the Respondent No.1, was also responded by the petitioner/respondent.

Similarly, counter affidavit was also filed by Respondent No.4, the Assistant Conservator of Forest Division, Rohtas at Sasaram, and one Pradyumn Gaurav, who was subsequently arrayed as Respondent No.5, also filed an affidavit.

When the matter was taken up on 12.01.2026, the learned Single Judge has been pleased to pass the impugned order in observing that the then Divisional Forest Officer, Sasaram should not continue at a responsible post of Divisional Forest Officer, Ara, and the Additional Chief Secretary, Department of Environment, Forest and Climate Change was directed to transfer the said officer to the Headquarters during the pendency of the case.

3. The contention of the learned counsel for the Appellants-State is that the vehicle in question, a truck/hyva bearing Registration No. JH-09Q-1483, belonging to the writ petitioner was seized on 18.06.2015 on the purported charge of carrying stone chips, without valid challan, leading to seizure of the vehicle; consequently, confiscation proceeding was initiated vide Confiscation Case No. 127 of 2015 and notice was issued to the petitioner/respondent and ultimately on 23.12.2015, confiscation order was passed, whereby, the said hyva was directed to be confiscated. The writ petitioner, challenging the confiscation order, preferred Forest Confiscation Appeal No. 15 of 2016. The Appellate Authority rejected the appeal, and then he preferred a revision vide Forest Revision Case No. 17 of 2018, which was also dismissed by the Revisional Authority. Challenging the confiscation order as well as the orders of the Appellate Authority and Revisional Authority, the petitioner approached this Court by filing C.W.J.C. No. 5456 of 2020, out of which this Letters Patent Appeal arises.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MyMzNCMyMDI2IzEjTg==-9--am1----ak1--7x9n6--ak1--Hk=)

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