Randhir Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3164 of 2018 ====================================================== Randhir Kumar, Son of Bhupendra Narayan Yadav, Resident of VillageSattar, Ward No. 4, P.S.- Bihra, District- Saharsa. ... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Old Secretariate, Bihar, Patna.

2. The Principal Secreatry, Excise Department, Govt. of Bihar, Patna.

3. The District Magistrate, Saharsa.

4. The District Transport Officer, Saharsa.

5. The District Magistrate, Purnea.

6. The District Transport Officer, Purnea.

7. The Station House Officer, Bihra, P.S.- District- Saharsa.

8. The Station House Officer, Baisi, P.S. District- Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarnath Jha, Advocate 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) 26-02-2018 This writ petition has been filed for release of a vehicle (Scorpio Car) bearing Registration No. BR 19D-7377 which has been seized due to violation of the provisions of the Bihar Prohibition and Excise Act, 2016 in connection with Baisi P.S. Case No. 113 of 2016.

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, pending finalization of the confiscation and criminal proceedings, the vehicle in

Patna High Court CWJC No.3164 of 2018(2) dt.26-02-2018 2/2 question, shall be released to the petitioner on his furnishing adequate Bank Guarantee to the satisfaction of the District Magistrate, Saharsa within one week from the date of furnishing the Bank Guarantee, 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 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) spandey/- U