Patna High CourtCWJC/488/2018disposed

Sanjay Kumar v. The State Of Bihar And ORS

2018-01-11The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.488 of 2018 ====================================================== Sanjay Kumar, S/o Narayan Prasad, Resident of Village-Tehata, P.S.-Tehata, District-Jehanabad.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, BIhar, Patna.

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

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

4. The District Collector, District of Gaya, Bihar.

5. The Superintending of Police,Gaya, Bihar.

6. The Officer in Charge of Civil Lines Police Station District-Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pawan Kumar Singh For the Respondent/s :

Mr. KUMAR MANISH -SC5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 11-01-2018 This writ petition has been filed for release of a vehicle (tempo) bearing Registration No. BR 25P 8561 which has been seized due to violation of the provisions of the Bihar Prohibition and Excise Act, 2016 in connection with Civil Line P.S. Case No. 08 of 2017.

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 the confiscation and criminal proceedings, the vehicle in question,

Patna High Court CWJC No.488 of 2018(2) dt.11-01-2018 2/2 shall be released to the petitioner on his furnishing adequate Bank Guarantee to the satisfaction of the District Magistrate, Gaya within one week from the date of furnishing the Bank Guarantee, 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