Jitendra Kumar Chaudhary @ Jitendra Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3424 of 2018 =========================================================== Jitendra Kumar Chaudhary @ Jitendra Kumar, S/o Ramnaresh Chaudhary, Resident of Village- Chanaur, P.S.- Dhanauti O.P., District- Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise Prohibition & Registration Department, Government of Bihar, Patna.
2. The Collector-Cum- District Magistrate, Siwan.
3. The Superintendent of Excise, Siwan.
4. The Superintendent of Police, Siwan.
5. The Officer In Charge, Mairwa Police Station, Siwan. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Rama Kant Singh For the Respondent/s : Mr. ANIL KR. SINHA- GA1 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 06-03-2018 This writ petition has been filed for release of a vehicle (Honda Motorcycle Activa) bearing Registration No. BR-29Y-7345 which has been seized in connection with Mairwa P.S. Case No. 48 of 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
Patna High Court CWJC No.3424 of 2018 dt.06-03-2018 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, Siwan, 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