Sanjay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13158 of 2017 ====================================================== Sanjay Kumar, Son of Kedar Nath Prasad, Resident of Kedar Kunj Chiraiyatar, Devi Asthan, Near Postal Park, P.S.- Jakkanpur, Distt.- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the its Principal Secretary, Excise Department, Govt. of Bihar, Patna.

2.

The Divisional Commissioner, Excise Department, Patna Division. 3.

The District Magistrate, Cum Collector, Patna. 4.

Superintendent of Police, Patna.

5.

Officer-in-Charge of Kankarbagh, Police Station, Distt.- Patna. ... ... 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 vehicle (Hundai Magna Car) bearing Registration No. BR 01AW5652, which has been seized in connection with Kankarbagh P.S. Case No. 256/2017 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 been directed to be released by this Court on various conditions and we see no reason to make a deviation in

Patna High Court CWJC No.13158 of 2017(2) dt.11-09-2017 2/2 the present case.

Keeping in view the aforesaid, it is directed that pending finalization of the aforesaid confiscation proceedings and 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 District Magistrate, Patna 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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