Menka Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5550 of 2018 ====================================================== Menka Devi, Wife of Kanhai Singh @ Kanhaiya Singh, Resident of VillageVishwambharpur, P.S.- Tariyani Chowk, District- Sheohar. ... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Chief Secretary, Govt. of Bihar, Patna.

3. The Director General of Police, Bihar, Patna.

4. The Collector-cum-District Magistrate, Sheohar.

5. The Superintendent of Police, Sheohar.

6. The Excise Superintendent, Sheohar.

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

For the Petitioner/s :

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

Mr. VIKASH KUMAR -SC11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 29-03-2018 This writ petition has been filed for release of a vehicle (Splendour plus Motorcycle ) bearing Chassis No. MBLHAR 075HHD 18763 and Engine No.

HA10AGHHD20186, which has been seized in connection with Tariyani Chhapra P.S. Case No. 25 of 2017 due to violation of the provisions of the Excise Act.

It is common ground that in various cases, identical in nature, pending finalization of the confiscation/excise/criminal proceedings, vehicles have been directed to be released by this Court on various conditions and

Patna High Court CWJC No.5550 of 2018(2) dt.29-03-2018 2/2 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 confiscation/excise proceedings and/or criminal case, the vehicle in question shall be released to the petitioner on the petitioner furnishing two surety bonds to the satisfaction of District Magistrate-cum-Collector, Sheohar 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 during the pendency of the confiscation/excise proceedings and/or criminal case so as to create third party rights or prejudice the rights of the State in the pending proceedings.

The vehicle in question be released within one week from the date of furnishing the surety bonds. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) K.C.Jha/- U