Patna High CourtCWJC/10526/2017disposed

Ravi Shankar Kumar v. The State Of Bihar And ORS

2017-07-28The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10526 of 2017 =========================================================== Ravi Shankar Kumar, S/o Rajeshwar Prasad, resident of Village- Dharam Bigha, P.S.- Telhara, District- Nalanda.

.... .... Petitioner/s

Versus

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

2. The Principal Secretary, Department of Excise, Government of Bihar, Patna.

3. The District Magistrate-cum- Collector, Nalanda.

4. The Superintendent of Police, Nalanda.

5. The Inspector, Excise, Nalanda.

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

For the Petitioner/s : Mr. Anujit Sinha, Advocate Mr. Vijayanand, Advocate For the Respondent/s : Mr. Anil Kumar Sinha, G.A.-1 Mr. Pawan Kumar, A.C. to G.A. 1 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 28-07-2017 This writ petition has been filed for release of a vehicle in question bearing Registration No. BR 01 CZ 2408 which has been seized due to violation of the Excise Act. The confiscation proceedings are pending and the prayer made in the writ petition is to release the vehicle in question pending finalization of the confiscation proceedings.

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

Patna High Court CWJC No.10526 of 2017 dt.28-07-2017 2/2 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 Khudaganj P.S. Case No. 69 of 2017, the vehicle in question shall be released to the petitioner on his furnishing two surety bonds to the satisfaction of District Magistrate, Nalanda and further undertaking to produce the vehicle as and when directed by the District Magistrate, Nalanda and not to alienate the vehicle during the pendency of the confiscation proceedings or the criminal proceedings.

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

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 01.08.2017 Transmission Date