Ravi Raj v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13578 of 2017 ====================================================== Ravi Raj, Son of Rajendra Kumar, Resident of Village-Bhawanipur P.O.- Gopalpur, P.S. Naugachia, District-Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna. 2.

The Excise Commissioner, Registration Excise and Prohibition Department, Government of Bihar, Patna.

3.

The District Magistrate, Bhagalpur.

4.

The Superintending of Excise, Bhagalpur.

5.

The S.H.O. naugachia, Bihpur Police Station, District-Bhagalpur. 6.

The Assistant Sub-Inspector, Bihpur Plice, Naugachia, District-Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar, Advocate For the Respondent/s :

Mr. Vikash Kumar-SC11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 15-09-2017 The Scorpio bearing Registration No. BR-11H 9722 has been seized in Bihpur P.S. Case No.120 of 2017 registered for the offence under Section 30 (a)/37 (a) (b) of the Bihar Excise and Prohibition Act, 2016 and confiscation proceedings in a Confiscation Case Miscellaneous (Excise) Case No.66 of 2017-18 has been initiated under the Act by the District Magistrate, Bhagalpur.

Seeking release of the vehicle in question, this writ petition has been filed and it is common ground that in various cases,

Patna High Court CWJC No.13578 of 2017 dt.15-09-2017 2/2 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, this petition is also allowed and the vehicle in question, i.e. Scorpio bearing Registration No. BR-11H 9722 shall be released to the petitioner on his furnishing adequate sureties to the satisfaction of the District Magistrate, Bhagalpur 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 before the District Magistrate 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) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.09.2017 Transmission Date NA