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Patna High CourtCWJC/9226/2017disposed

Rajesh Sah v. The State Of Bihar And ORS

2017-07-07The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9226 of 2017 ====================================================== Rajesh Sah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghunandan Kumar Singh, Advocate For the Respondent/s : Mr. Anil Kumar Sinha-GA1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 07-07-2017 Issue notice.

Sri Anil Kumar Sinha, learned Government Advocate-1 takes notice for the respondents.

Respondents to file counter affidavit within four weeks.

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, namely Hero Honda I-smart

Patna High Court CWJC No.9226 of 2017 (2) dt.07-07-2017 2/2 Motorcycle bearing Registration No. BR-22X-3700, on the petitioner submitting adequate sureties to the satisfaction of the Collector-cum District Magistrate, West Champaran at Bettiah 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-cum-District Magistrate, West Champaran at Bettiah as and when directed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Sunil/- U