Govind Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12404 of 2017 ====================================================== Govind Kumar, son of Suresh Sah, resident of Purani Bazar, P.O. Jamui, P.S. Jamui, District Jamui.

.. ... Petitioner/s

Versus

1.

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

The Excise Commissioner, Bihar, Patna.

3.

The District Collector-cum-District Magistrate, Jamui. 4.

The State of Bihar through the Director General of Police, Bihar. 5.

The Superintendent of Police, Jamui.

6.

The Station House Officer, Khaira Police Station, Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Kumar Manish -SC 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 08-09-2017 Seeking release of a vehicle, namely, Bolero Pick-up, bearing registration No. BR-46G-1467, which has been seized in Khaira P.S. Case No.293 of 2016 by Khaira Police Station for offence under Section 30 (a) 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, Bolero Pick-up, bearing registration No. BR-46G-1467 to the petitioner on furnishing surety bonds to the satisfaction of the Collector-cum-District Magistrate,

Patna High Court CWJC No.12404 of 2017(2) dt.08-09-2017 2/2 Jamui, in connection with Khaira P.S. Case No.293 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/- U