Pappu Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3483 of 2018 ====================================================== Pappu Kumar, son of Ram Bhajju Yadav, resident of Village- Bagiya, P.S. Fatehpur, District- Gaya ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Excise Prohibition & Registration, Govt. of Bihar, Patna

2. The Collector-cum-District Magistrate, Gaya, District- Gaya

3. The Superintendent of Police, Gaya, Dist. Gaya

4. The Superintendent of Excise, Gaya, District- Gaya

5. The Officer In charge of Fatehpur, Police Station- District- Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Respondent/s :

Mr. Kumar Manish- SC5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 22-02-2018 This writ petition has been filed for release of a vehicle (Black Colour Hero Honda Glamour Motorcycle) bearing Registration No. BR 02AH-4035, which has been seized in connection with Fatehpur P.S. Case No. 436/2017 due to violation of the Excise Act. The prayer made in the writ petition is to release the vehicle in question pending finalization of the confiscation proceedings and criminal case.

It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings vehicles have been directed to be released by this Court on various conditions and we see no reason to make a deviation in the present case. Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and aforesaid criminal case, the

Patna High Court CWJC No.3483 of 2018 dt.22-02-2018 2/2 aforesaid vehicle in question shall be released to the petitioner, on his furnishing Bank Guarantee to the satisfaction of District Magistrate, Gaya and further undertaking to produce the vehicle as and when directed by the authority concerned and not to alienate or deal with the vehicle in question or create a third party interest during the pendency of the confiscation proceedings and criminal case or prejudice the right of the State in confiscation proceeding. The aforesaid vehicle shall be released within one week from the date of furnishing of the Bank Guarantee. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) P.K.P./- AFR/NAFR CAV DATE Uploading Date 26.02.2018 Transmission Date