Vijay Singh @ Vijay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1925 of 2018 ====================================================== Vijay Singh @ Vijay Kumar, son of Sri Sanjivan Singh, Resident of VillageBagmali, P.S. Hajipur Town, District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

2. The District Magistrate-cum- Collector, Vaishali at Hajipur, District- Vaishali at Hajipur.

3. The Superintendent of Police, Vaishali at Hajipur, District - Vaishali at Hajipur.

4. The Excise Superintendent, Vaishali at Hajipur, District- Vaishali at Hajipur.

5. The Station Head Officer, Hajipur Sadar Police- Station, District- Vaishali at Hajipur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Advocate For the Respondent/s :

Mr. Kumar Manish -SC5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 21-02-2018 This writ petition has been filed for release of a vehicle (Maruti ALTO 800 four wheeler) bearing Registration No. BR-31-L 2892, which has been seized in connection with Hajipur Sadar P.S. Case No. 481/2016 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 the present case.

Patna High Court CWJC No.1925 of 2018 dt.21-02-2018 2/2 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 Bank Guarantee to the satisfaction of District Magistrate, Vaishali at Hajipur 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 Bank Guarantee.

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

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) P.K.P./- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 22.02.2018 Transmission Date