Munil Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4108 of 2018 ====================================================== Munil Kumar, son of Siyaram Rai, resident of Village- Sandha Dambar, P.S. Motipur, District-Muzaffarpur.

... ... Petitioner/s

Versus

1. The State Of Bihar through Collector, Muzaffarpur.

2. The Collector-cum-District Magistrate, Muzaffarpur.

3. The Senior Superintendent of Police, Muzaffarpur.

4. The Senior Deputy Collector, Legal Cell, Muzaffarpur.

5. The Excise Superintendent, Muzaffarpur.

6. The Officer-in-charge of Motipur Police Station, Muzaffarpur.

7. The Investigating Officer of Motipur P.S. Case No.358/17, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan For the Respondent/s :

Mr. KUMAR MANISH- SC5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 15-03-2018 This writ petition has been filed for release of a vehicle (TATA-ACE, public carrier Goods vehicle) bearing Registration No. BR 06-G C-0149 which has been seized in connection with Motipur P.S. Case No.358/17 due to violation of the Bihar Prohibition and Excise Act, 2016.

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 and we see no reason to make a deviation in the present case.

Patna High Court CWJC No.4108 of 2018(2) dt.15-03-2018 2/2 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 the Collector-cum-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