Birendra Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13038 of 2017 ====================================================== Birendra Singh, Son of Moti Lal Singh, Resident of Village- Kurusa, P.S.- Dinara, District- Rohtas at Sasaram.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna. 2.

The Principal Secretary, Registration Excise and Prohibition Department, Government of Bihar, Patna.

3.

The Collector-cum-District Magistrate, Rohtas at Sasaram. 4.

The Superintendent of Excise, Rohtas at Sasaram. 5.

The S.H.O., Dinara Police Station.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Babu Nandan Prasad For the Respondent/s :

Mr. ANIL KR. SINHA-GA1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 15-09-2017 Seeking release of a vehicle, namely, Motorcycle Bajaj Platina bearing registration No. BR-24L-0380, which has been seized in Dinara P.S. case No.199 of 2017 by Dinara Police Station for offence under Section 272 and 273 of the Indian Penal Code and Sections 30 (a), 35 and 38 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, Bajaj Platina Motorcycle, bearing

Patna High Court CWJC No.13038 of 2017(2) dt.15-09-2017 2/2 registration No. BR-24L-0380 to the petitioner on furnishing surety bonds to the satisfaction of the District Magistrate, Rohtas in connection with Dinara P.S. case No.199 of 2017, 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) spandey/- U