Arbind Kumar Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8343 of 2017 =========================================================== Arbind Kumar Yadav, s/o Govardhan Yadav, Resident of Village- Manjhariya, P.S.- Narhi, District- Ballia (Uttar Pradesh). .... .... 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 at Buxar.

4. The Superintendent of Police, Buxar at Buxar. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Gupta For the Respondent/s : Mr. Vivek Prasad-GP7 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 20-06-2017 Having heard learned counsel for the parties and looking to the fact and circumstances of the case, pending finalization of the confiscation proceeding in Buxar (Muffasil) P.S. Case No. 97 of 2017 pending before the District Magistrate, Buxar for the offence under Sections 30(a) of the Bihar Excise Prohibition Act, 2016 and keeping in view the orders passed under similar circumstances in various cases, as is evident from Annexure-C series filed along with the writ petition, the District Magistrate, Buxar is directed to release the Swift Dzire vehicle of the petitioner bearing Registration No. UP 14 BP-0110 on his furnishing two surety bonds to the satisfaction of

Patna High Court CWJC No.8343 of 2017 dt.20-06-2017 2/2 the District Magistrate, Buxar in Buxar (Muffasil) P.S. Case No. 97 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. On the petitioner fulfilling the aforesaid conditions, the vehicle in question be released to the petitioner pending finalization of the confiscation proceedings. With the aforesaid, the petition stands disposed of. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Shageer/- AFR/NAFR N.A.F.R CAV DATE N.A Uploading Date 21/06/2017 Transmission Date N.A