Patna High CourtCWJC/11565/2017disposed

Chaudhary Ram v. The State Of Bihar And ORS

2017-08-22The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11565 of 2017 ====================================================== Chaudhary Ram, Son of Sri Indradeo Ram, Resident of Village- Murarpur, P.O.- Katari, Police Station- Korma, District- Sheikhpura. .... .... Petitioner/s

Versus

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

2. The District Magistrate-cum-Confiscation Officer, Sheikhpura.

3. The Superintendent of Police, Sheikhpura.

4. The Officer in charge, Korma Police Station, District- Sheikhpura. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Respondent/s : Mr. Vivek Prasad-GP-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 22-08-2017 Petitioner has filed this writ petition and seeks a mandamus for release of vehicle Motorcycle (TVS Sport) having Registration No. BR-52A-3254, which has been seized and is under consideration in Confiscation Case No.24 of 2017 arising out of Excise PR No. 01/2017-18 pending before the District Magistrate, Sheikhpura Under similar circumstances, directing for release of vehicle subject to finalization of the confiscation proceedings, there is an order passed in C.W.J.C. 5361 of 2017 on 2.5.2017. We, accordingly, allow this petition.

Patna High Court CWJC No.11565 of 2017 (2) dt.22-08-2017 2/2 It is directed that pending finalization of Confiscation Case No. 24 of 2017 pending before the District Magistrate, Sheikhpura, the vehicle in question shall be released to the petitioner on his furnishing two surety bonds to the satisfaction of the District Magistrate, Sheikhpura and further undertaking to produce the vehicle as and when directed by the District Magistrate, Sheikhpura and not to alienate the vehicle during the pendency of the confiscation proceedings or the criminal proceedings.

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

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) S.Pandey/- U