Tarak Nath Sharma v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6856 of 2018 ====================================================== Tarak Nath Sharma, S/o Late Lakshmi Narayan Sharma, Resident of VillageRitudih (Telabari, P.S. Marafari, Sivandih, District- Bokaro Steel City (Jharkhand) ... Petitioner
Versus
1. The State of Bihar through Principal Secretary, Department of Excise, Govt. of Bihar, Patna.
2. The Collector-cum-District Magistrate, Patna, District- Patna.
3. The Superintendent of Police, District Patna.
4. The Superintendent of Excise, District- Patna.
5. The Officer-in-charge Fatuha, P.S. District- Patna ... Respondents ====================================================== Appearance :
For the Petitioner :
Mr. Sudhir Kumar Sinha, Adv.
For the Respondents :
Mr. Anil Kr. Sinha, GA I ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 11-04-2018 This writ petition has been filed for release of vehicle (Truck) bearing registration no. JH-10N-8296 which has been seized in connection with Fatuha P.S. Case No. 437 of 2017 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 seen 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 cases, the aforesaid vehicle in question shall be
Patna High Court CWJC No.6856 of 2018(2) dt.11-04-2018 2/2 released to the petitioner on his furnishing the two sureties to the satisfaction of the District Magistrate, Patna, 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 off.
(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Shamshad/- U