Amit Kumar Paswan v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3610 of 2018 ====================================================== Amit Kumar Paswan, son of Ajit Kumar Paswan, resident of villageGanauli, P.S. Sadar (Mabbi) P.O. Lal Shahpur, District-Darbhanga. ... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Excise Department, Government of Bihar, Patna.
2. The District Magistrate-cum-Collector, Darbhanga.
3. The Superintendent of Police, Darbhanga.
4. The S. H. O. Sadar Police Station, Darbhanga.
5. In-charge Sub Inspector, P.S. Sadar (Mabbi) Out Post (O.P.) DistrictDarbhanga. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar Sinha, Advocate For the Respondent/s :
Mr. Vikash Kumar -SC11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 07-03-2018 This writ petition has been filed for release of a vehicle (Hero Honda Passion PRO Black Colour Motorcycle) bearing Registration No.BR 07S 3855, three Samsung Mobile phones and the shop in question which has been seized/sealed in connection with Sadar (Mabbi) P.S. Case No.340 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/initiation of the confiscation proceedings and criminal case, vehicles/properties 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.3610 of 2018(2) dt.07-03-2018 2/2 Keeping in view the aforesaid, it is directed that pending finalization/initiation of the confiscation proceedings and criminal case, the aforesaid vehicle, mobiles and the shop in question shall be released to the petitioner on his furnishing two sureties to the satisfaction of District Magistrate-cum-Collector, Darbhanga, within a period of one week from the date of his furnishing the sureties and further undertaking to produce the vehicle and mobile in question as and when directed by the authority concerned and not to alienate or deal with properties 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 of.
(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Sunil/- U