Baliram Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13024 of 2018 ====================================================== Baliram Singh, Son of Devasagar Singh, Resident of Village- Ward No.4, Chandi, Sadar Road, Nasratpur, Police Station- Sandesh, District- Bhojpur. ... ... Petitioner/s

Versus

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

2. The District Magistrate cum Collector, Buxar.

3. The Superintendent of Police, Buxar, District- Buxar.

4. The Excise Superintendent, Buxar.

5. The Officer in Charge, Police Station- Rajpur, District- Buxar.

6. The Excise Inspector, Buxar, District- Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rang Nath Choubey,Advocate For the Respondent/s :

Mr. Vikash Kumar -SC-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 11-07-2018 This writ petition has been filed for release of a vehicle (Pick Up Van ) bearing Registration No. BR 03GA3477 which has been seized in connection with Buxar P.S. Case No. 18(O) of 2018 due to violation of the Bihar Prohibition and Excise Act, 2016.

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 various conditions and we see no reason to make a deviation in the present case.

Patna High Court CWJC No.13024 of 2018(2) dt.11-07-2018 2/2 Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing the bank guarantee to the satisfaction of District Magistrate, Buxar within a period of one week from the date of his furnishing the bank guarantee and further undertaking to produce the vehicle as and when directed by the authority concerned and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case so as to cause adverse effect or prejudice to the State Government.

The valuation of the vehicle in question shall be done as per the valuation shown in the insurance document. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Sunil/- U