Ajay Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4571 of 2018 =========================================================== Ajay Thakur, Son of Madan Thakur, Resident of Village- Jalha, Police StationSangrampur, District- East Champaran. .... .... Petitioner/s

Versus

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

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

3. The Collector-Cum-District Magistrate, East Champaran at Motihari.

4. The Superintendent of Police, East Champaran at Motihari.

5. The Officer In Charge, Sangrampur Police Station, District- East Champaran. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Respondent/s : Mr. VIKASH KUMAR -SC11 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 20-03-2018 This writ petition has been filed for release of a vehicle (Black Colour Passion X Pro Motorcycle) bearing Registration No. BR-22S-6270 which has been seized in connection with Sangrampur P.S. Case No. 30/17 due to violation of the Excise Act. 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.4571 of 2018 dt.20-03-2018 2/2 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 surety bonds to the satisfaction of the Collector-cum-District Magistrate, East Champaran at Motihari, 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 sureties. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Dilip, AR AFR/NAFR NAFR CAV DATE N/A Uploading Date 22.03.2018 Transmission Date N/A