Sintu Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4942 of 2018 =========================================================== Sintu Kumar, Son of Chandra Deo Chaudhary, Resident of New Purandarpur, P.O.- G.P.O., P.S.- Jakkanpur, District- Patna.

.... .... Petitioner/s

Versus

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

2. The Excise Commissioner, Bihar Prohibition and Excise Act 2016.

3. The Excise Officer, Bihar Prohibition and Excise Act 2016.

4. The District Collector, District Patna Bihar.

5. The Superintendent of Police, District Patna Bihar.

6. The Officer in Charge of Beur Police Station District- Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Jay Ram Prasad For the Respondent/s : Mr. VIKASH KUMAR- SC11 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 06-04-2018 This writ petition has been filed for release of a vehicle (Tempo Piaggio) bearing Registration No. BR01PF-4107, which has been seized in connection with Special Case No.3138 of 2017, arising out of Beur P.S. Case No. 143 of 2017, due to violation of the Excise Act. The prayer made in the writ petition is to release the vehicle in question pending finalization of the confiscation proceedings and criminal case.

It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings vehicles have

Patna High Court CWJC No.4942 of 2018 dt.06-04-2018 been directed to be released by this Court on 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 and 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, Patna 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 or create a third party interest during the pendency of the confiscation proceedings and criminal case or prejudice the right of the State in confiscation proceeding. The aforesaid vehicle shall be released within one week from the date of furnishing of the sureties.

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

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Arvind/- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.04.2018 Transmission Date NA