Sangeeta Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6734 of 2017 =========================================================== Sangeeta Devi, W/o Raghunath Yadav, Resident of Village- Mohamdabad, P.S.- Mohamdabad, District- Ghazipur (U.P.).

.... .... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary, Excise Department at Patna.

2. The Divisional Commissioner, Excise Department, Patna Division, at Patna.

3. The District Collector, Buxar.

4. The Superintendent of Police, Buxar.

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

For the Petitioner/s : Mr. Arun Kumar Gupta, Advocate For the Respondent/s :

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 08-05-2017 Inter alia contending that petitioner's vehicle bearing Truck (Half body) EICHER 33.25 bearing Registration No. UP53F4223 has been seized in Case No. 154(O) of 2017 for offence under Section 30(A) read with 37(B) of the Bihar Excise Act, 2016, this application has been filed for release of the vehicle in question. Various orders passed by this Court have been placed before this Court which go to show that pending finalization of the confiscation proceedings various vehicles have been directed to be released on conditions as are indicated in orders (Annexure-4 series). Keeping in view the aforesaid and with a view to

Patna High Court CWJC No.6734 of 2017 dt.08-05-2017 2/2 maintain parity, we allow this application in part. Pending finalization of the confiscation proceeding, the District Magistrate, Buxar is directed to release the vehicle of the petitioner bearing Registration No. UP53F- 4223 on his furnishing two surety bonds to the satisfaction of the District Magistrate, Buxar in Case No. 154(O) of 2017, 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 before the District Magistrate. With the aforesaid, the petition stands disposed of. (Rajendra Menon, CJ) (Sudhir Singh, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 12.05.2017 Transmission Date