Sujeet Kumar @ Guddu Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1923 of 2018 ====================================================== Sujeet Kumar @ Guddu Kumar, Son of Shri Nandu Prasad, Resident of Raj Kumar Nayar Road No.- 29, P.S.- Bishunpath, District- Gaya. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Bihar Prohibition and Excise Act, 2016.

2. The Excise Commissioner, Bihar Prohibition and Excise Act, 2016, Bihar, Patna.

3. The Excise Officer, Bihar Prohibition and Excise Act, 2016, Gaya.

4. The District Magistrate, Gaya.

5. The Superintendent of Police, District of Gaya.

6. The Officer in Charge, Police Station- Baisi, District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the Respondent/s :

Mr. VIKASH KUMAR-SC11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 02-02-2018 This writ petition has been filed for release of a vehicle (motorcycle) bearing Registration No. BR 02AH-1592 which has been seized due to violation of the provisions of the Bihar Prohibition and Excise Act, 2016 in connection with Bishunpath P.S. Case No.03 of 2018.

It is common ground that in various cases, similar petitions have been allowed and pending finalization of the confiscation proceedings, seized vehicle has been directed to be released.

Keeping in view the aforesaid, pending finalization of

Patna High Court CWJC No.1923 of 2018(2) dt.02-02-2018 2/2 the confiscation and criminal proceedings, the vehicle in question, shall be released to the petitioner on his furnishing two sureties to the satisfaction of the District Magistrate, Gaya within one week from the date of furnishing the sureties, subject to the condition that the petitioner shall make available the vehicle in question before the authority concerned as and when directed and further that he shall undertake not to alienate the vehicle or deal with it in any manner whatsoever during the pendency of the confiscation proceedings so as to cause adverse effect or prejudice to the State Government.

With the aforesaid, the petition stands disposed of. (Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) spandey/- U