Ashish Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9823 of 2017 =========================================================== Ashish Kumar, son of Shree Sushil Nayak, Resident of Village- Raniganj, Police Station- Raniganj, District- Araria.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise Department, Government of Bihar, Patna.
2. The Divisional Commissioner, Excise Department Purnia Division, Purnia.
3. The District Magistrate, Purnia.
4. The Superintendent of Police, Purnia.
5. The Officer In- Charge, K.Hat (Maranga), Police Station, Purnia. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Rama Nand Poddar, Advocate For the Respondent/s : Mr. Kumar Manish,SC-5 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 27-07-2017 Seeking release of a vehicle, namely, Scorpio, bearing registration No. BR-38F-8055, which has been seized in K. Hat (Maranga) P.S. case No.569 of 2016 by K. Hat (Maranga) Police Station for offence under Section 30A of the Bihar Prohibition & Excise Act, 2016, this writ petition has been filed. Keeping in view the series of orders passed in similar circumstances granting liberty to the respondents to proceed, if so advised with regard to confiscation proceedings, we direct for release of vehicle, namely, Scorpio bearing Registration No. BR
Patna High Court CWJC No.9823 of 2017 dt.27-07-2017 2/2 38F-8055 to the petitioner on furnishing surety bonds to the satisfaction of the District Magistrate, Purnea in connection with K. Hat (Maranga) P.S. case No.569 of 2016, subject to the conditions that the petitioner shall make available the vehicle in question before the authority concerned as and when required during pendency of the proceedings under the Bihar Excise Act and further undertaking not to alienate or deal with the vehicle in any manner so as to cause adverse effect or prejudice to the State Government. With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date 29.07.2017 Transmission Date