Patna High CourtCWJC/14637/2017disposed

Bhawani Shankar v. The State Of Bihar And ANR

2017-10-13The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14637 of 2017 ====================================================== Bhawani Shankar, Son of Braj Mohan Jha, Resident of Village- Jarang Dinh, P.S.- Gaighat, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

2. The District Magistrate and Collector, Muzaffarpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shishir Kumar For the Respondent/s : Mr. Vikash Kumar -Sc11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 13-10-2017 The Bolero vehicle bearing Registration No. BR06PA-1282 has been seized and confiscation proceeding has been initiated under the Bihar Prohibition and Excise Act, 2016 by the District Magistrate, Muzaffarpur.

Seeking release of the vehicle in question, this writ petition has been filed and it is common ground that in various cases, similar petitions have been allowed and pending finalization of the confiscation proceedings, seized vehicle has been directed to be released.

Keeping in view the aforesaid, this petition is also allowed and the vehicle in question i.e. Bolero vehicle

Patna High Court CWJC No.14637 of 2017 (2) dt.13-10-2017 2/2 bearing Registration No. BR-06PA-1282 shall be released to the petitioner on his furnishing bank guarantee to the satisfaction of the District Magistrate, Muzaffarpur, subject to the condition that the petitioner shall make available the vehicle in question before the authority concerned as and when directed and further that he shall undertake not to alienate the vehicle or deal with it in any manner whatsoever during the pendency of the confiscation proceedings before the District Magistrate so as to cause adverse effect or prejudice to the State Government.

With the aforesaid, the petition stands disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Shageer/- U