Patna High CourtCWJC/17009/2017disposed

Ram Dayal Sao v. The State Of Bihar And ORS

2017-11-23The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17009 of 2017 ====================================================== Ram Dayal Sao son of Late Tileshwar Sao Resident of Mohalla - East Indira Nagar, Road No. 2, Police Station - Kankarbagh, District - Patna. ... ... Petitioner/s

Versus

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

2. The District Magistrate-cum-Collector, Patna.

3. The Senior Superintendent of Police, Patna.

4. The Superintendent of Police, Excise, Patna.

5. The Officer-in-Charge, Kankarbagh Police Station, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Adv.

For the Respondent/s :

Mr. KUMAR MANISH - SC-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 23-11-2017 This writ petition has been filed for release of a vehicle (Maruti Wagon-R Car) bearing Registration No. BR 01AQ-9719 which has been seized in connection with Kankarbagh P.S. Case No. 558/2017 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 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.17009 of 2017(2) dt.23-11-2017 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 criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing bank guarantee to the satisfaction of District Magistrate, Patna and further undertaking to produce the vehicle as and when directed by the District Magistrate, Patna and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case.

With the aforesaid, the writ petition stands allowed and disposed of.

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