Jagan Sah @ Jagan Shah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4999 of 2018 ====================================================== Jagan Sah @ Jagan Shah son of Ganesh Shah, resident of village Badheya Balua P.s. Matiyaria, District West Champaran. ... ... Petitioner/s

Versus

1.The State Of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna. 2.The Collector, West Champaran, Bettiah.

3.The Superintendent of Police, West Champaran, Bettiah. 4.The Superintendent of Excise, West Champaran, Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Respondent/s :

Mr. A.K. SINHA- GA1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 23-03-2018 This writ petition has been filed for release of a vehicle (Splendor Motorcycle Smart) bearing Registration No. BR 22Z 3900, which has been seized in connection with Matiyaria P.S. Case No. 08 of 2017 due to violation of the Excise Act. The confiscation proceedings being Confiscation Case No. C.R.M. 254 of 2017-18 is pending and 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

Patna High Court CWJC No.4999 of 2018(2) dt.23-03-2018 2/2 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.

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 sureties to the satisfaction of District Magistrate, West Champaran, Bettiah 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 two sureties.

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

(Rajendra Menon, CJ) ( S. Kumar, J) veena/- U