Rocky Kumar @ Rocky Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4180 of 2018 ====================================================== Rocky Kumar @ Rocky Yadav Son of Anil Kumar Yadav, Resident of Village-Krishna Toli, P.S. Brahampura, District Muzaffarpur. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Excise, Government of Bihar at Patna

2. The District Magistrate, Muzaffarpur

3. Superintendent of Excise, Muzaffarpur

4. Station House Officer, Sadar Muzaffarpur Police Station, District Muzaffarpur

5. Investigating Officer of Muzaffarpur Sadar P.S. Case No. 421/2017, District Muzafarpur.

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Respondent/s :

Mr. Vivek Prasad- GP 7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 07-03-2018 This writ petition has been filed for release of a vehicle (Royal Enfield Classic 350 Black BSIV New Motorcycle) bearing Chasis No.ME3U3S5C1HG154762, which has been seized in connection with Muzaffarpur Sadar P.S. Case No. 421 of 2017 due to violation of the Bihar Prohibition and Excise Act, 2016 for which Confiscation Proceeding No.212/2017-18 has been initiated.

It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings and criminal case, vehicles have been directed to be released by this

Patna High Court CWJC No.4180 of 2018(2) dt.07-03-2018 2/2 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 criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing two sureties to the satisfaction of District Magistrate, Muzaffarpur, within a period of one week from the date of his furnishing the sureties 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 during the pendency of the confiscation proceedings and criminal case 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) ( Rajeev Ranjan Prasad, J) Sunil/- U