Patna High CourtCWJC/11698/2017disposed

Dilip Sao v. The State Of Bihar And ORS

2017-08-21The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11698 of 2017 =========================================================== Dilip Sao, Son of Jageshwar Sao, R/o Village- Matiahani, P.O.- Sahdeokhap, P.S.- Magadh University and District- Gaya.

.... .... Petitioner/s

Versus

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

2. The District Magistrate -Cum-Collector, Gaya.

3. The Senior Superintendent of Police, Gaya.

4. The Officer In Charge, Bodh -Gaya Police Station, District- Gaya. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Respondent/s :

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 21-08-2017 This writ petition has been filed for release of a vehicle in question (Tempo) bearing Registration No. BR-02Q-7897 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 and criminal case.

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 and we see no reason to make a deviation in the present case.

Patna High Court CWJC No.11698 of 2017 dt.21-08-2017 2/2 Keeping in view the aforesaid, it is directed that pending finalization of Bodh Gaya P.S. Case No. 392 of 2016, the vehicle in question shall be released to the petitioner on his furnishing two surety bonds to the satisfaction of District Magistrate, Gaya and further undertaking to produce the vehicle as and when directed by the District Magistrate, Gaya and not to alienate or deal with 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 23.08.2017 Transmission Date