Kuwar Singh @ Kunwar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17823 of 2017 ====================================================== Kuwar Singh @ Kunwar Singh, son of Shyam Sunder Singh, R/o Gandhi Path North S.K. Puri, House No. 91, P.S. S.K. Puri, Patna. ... ... Petitioner/s

Versus

1. The State of Bihar, through the Commissioner Excise Department, State of Bihar, Patna.

2. The Collector cum District Magistrate, Kaimur at Bhabua.

3. The Superintendent of Police, Kaimur at Bhabua.

4. The Officer-in- Charge of Ramgarh (Nuaon) Police Station, Kaimur at Bhabua.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan For the Respondent/s :

Mr. VIVEK PRASAD - GP -7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 11-12-2017 This writ petition has been filed for release of a vehicle (Indigo Car) bearing Registration No. BR01BF6064, which has been seized in connection with Mohania P.S. Case No.510 of 2017 due to violation of the Excise Act. The prayer made in the writ petition is to release the vehicle in question pending finalization of the confiscation proceedings and/or criminal case.

It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings vehicles have been directed to be released by this Court on

Patna High Court CWJC No.17823 of 2017(2) dt.11-12-2017 2/2 various conditions and we see no reason to make a deviation in the present case.

Keeping in view the aforesaid, it is directed that pending finalization of the aforesaid confiscation proceedings and/or criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing two surety bonds to the satisfaction of Collector-cum-District Magistrate, Kaimur at Bhabua and further undertaking to produce the vehicle as and when directed by the Collector-cum-District Magistrate, Kaimur at Bhabua and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and/or criminal case in any manner so as to create third party interest or cause prejudice to the rights of the State Government in the confiscation proceedings and/or criminal case. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U