Chandrman Mahto @ Chandra Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12562 of 2017 ====================================================== Chandrman Mahto @ Chandra Mohan Mahto, S/o Hiraman Mahto, R/o Turahapatti, P.S.- Sirisia, Dist.- E. Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Excise and Prohibition, Govt. of Bihar.

2.

The District Magistrate, West Champaran at Bettiah. 3.

The Police Superintendent West Champaran at Bettiah. 4.

The Officer Incharge of Muffasil Manuwapul Police Station, West Champaran.

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

For the Petitioner/s :

For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 11-09-2017 This writ petition has been filed for release of a Splender Motorcycle bearing Registration No. BR 22W3971, which has been seized in connection with Mufassil Manuwapul P.S. Case No. 14/2017 due to violation of the Excise Act. The confiscation proceedings has not been started as yet and the prayer made in the writ petition is to release the vehicle in question pending finalization of the confiscation proceedings, if any, and the 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

Patna High Court CWJC No.12562 of 2017(2) dt.11-09-2017 2/2 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, if any, and the aforesaid 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, West Champaran at Bettiah and further undertaking to produce the vehicle as and when directed by the District Magistrate, West Champaran at Bettiah and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case.

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

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.

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