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Patna High CourtCWJC/5851/2017disposed

Sanjay Kumar Mandal v. The State Of Bihar And ORS

2017-05-04Mr. Justice Sudhir Singh,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5851 of 2017 ====================================================== Sanjay Kumar Mandal, Son of Shri Bishundeo Mandal, resident of Railway Quarter No. 4969/H, Daulatpur Colony, P.S.- Jamalpur, Distt- Munger. .... .... Petitioner

Versus

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

2. The Divisional Commissioner, Excise Department, Munger Division, Munger.

3. The District Magistrate, Cum Collector.

4. Superintendent of Police, Munger.

5. Officer-in-Charge of Sangram Pur Police Station, Dist- Munger. .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Jyoti Ranjan Jha, Advocate. For the Respondents : Mr. Anil Kumar Sinha, G.A. 1. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 04-05-2017 Seeking release of a Maruti Alto Car K10, bearing Registration No. BR08E-2177, Engine No. K10BN7506082 and Chassis No. MA3EZDE1500153372 by the Sangrampur Police Station in Sangrampur P.S. Case No. 108/2016, under Sections 47 and 53 (C) of the of Bihar Prohibition Excise Act, 2016, this writ petition has been filed.

Having heard learned counsel for the parties, it is directed that pending finalization of the criminal case and the confiscation proceeding, keeping in view various orders passed by

Patna High Court CWJC No.5851 of 2017 (2) dt.04-05-2017 2/2 co-ordinate Benches of this Court, we allow this writ application and direct for release of the vehicle in question, Maruti Alto Car K10, bearing Registration No. BR08E-2177, Engine No. K10BN7506082 and Chassis No. MA3EZDE1500153372 to the petitioner on furnishing surety or security bonds to the satisfaction of the respondent no. 3, District Magistrate-cum-Collector, Munger, in connection with Sangrampur P.S. Case No. 108/2016 and further undertaking to keep the vehicle and produce before the District Magistrate-cum-Collector, Munger, as and when directed and further directed not to alienate during pendency of the proceeding for confiscation the vehicle in question, as released. With the aforesaid, the petition stands disposed of. (Rajendra Menon, CJ) (Sudhir Singh, J) U U.K./-