Chandan Kumar Gupta @ Shyam Jeet Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3941 of 2018 =========================================================== Chandan Kumar Gupta @ Shyam Jeet Sah, Son of Srikrishna Saw, Resident of Village- Nathamalpur, P.S.- Barahara, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary, Excise Department, Govt. of Bihar, Patna.

2. The District Magistrate, Bhojpur at Ara.

3. The Superintendent of Police, Ara.

4. The Officer in Charge Barahara (Krishnagarh) Police Station, District- Bhojpur at Ara.

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

For the Petitioner/s : Mr. Shiv Prasad Gupta For the Respondent/s : Mr. VIVEK PRASAD-GP7 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 07-03-2018 This writ petition has been filed for release of a vehicle (Apache Motorcycle) bearing Registration No. BR-03T-5839 which has been seized in connection with Barahara (Krishna Garh) P.S. Case No. 210 of 2017, Excise 2963/2017 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

Patna High Court CWJC No.3941 of 2018 dt.07-03-2018 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 aforesaid confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner, on his furnishing two surety bonds to the satisfaction of District Magistrate, Bhojpur at Ara, 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 sureties.

With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Arvind/- AFR/NAFR CAV DATE Uploading Date12.03.2018 Transmission Date