Hamid Reza Hashmi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4076 of 2017 ====================================================== Hamid Reza Hashmi .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate For the Respondent/s : Mr. Vivek Prasad, GP-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 04-07-2017 Issue notice.

Sri Vivek Prasad, learned Government Pleader-7 takes notice for the respondents.

Respondents are permitted to file counter affidavit. List for analogous hearing along with LPA.

No.1647 of 2015 and other connected cases.

In the meanwhile, keeping in view the interim order passed in Letters Patent Appeal No.1647 of 2015 on 19.09.2016 and the question as to whether the Collector can pass an order of confiscation which is pending consideration before the Division Bench of this Court, we allow the interim prayer and direct for release of the vehicle in question, Maximo bearing Registration No.BR06 PB 0159, on the petitioner submitting two sureties to

Patna High Court CWJC No.4076 of 2017 (2) dt.04-07-2017 2/2 the satisfaction of the Collector, Darbhanga and further undertaking not to alienate the vehicle or deal with it adverse to the interest to the State, keeping it present and produce it before the Collector, Darbhanga as and when directed. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Sunil/- U