Sudheer Kumar Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10995 of 2017 =========================================================== Sudheer Kumar Jha, son of Balamant Jha alias Balkant Jha, resident of Bihatr Mohalla Maksaspur, P.S.-Barauni, District-Begusarai .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary-cum-Commissioner, Department of Prohibition and Excise, Govt. of Bihar, Patna

2. The District Magistrate-cum-Collector, Begusarai

3. The Superintendent of Police, Begusarai

4. The Deputy Superintendent of Police, Begusarai

5. The Officer-in-Charge, Teghra Police Station, Begusarai .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Gautam Kumar Kejriwal For the Respondent/s : Mr. KUMAR MANISH -SC5 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 02-08-2017 Having heard learned counsel for the parties and looking to the fact and circumstances of the case, pending finalization of the confiscation proceeding in Teghra P.S. Case No. 102 of 2017(G.R. No. 1051/2017) pending before the District Magistrate, Begusarai for the offence under Sections 30(a) of the Bihar Excise Prohibition Act, 2016 and keeping in view the orders passed under similar circumstances in various cases, the District Magistrate-cumCollector, Begusarai is directed to release the Scorpio vehicle of the petitioner bearing Registration No. 09R-7109 on his furnishing two surety bonds to the satisfaction of the District Magistrate-cum-

Patna High Court CWJC No.10995 of 2017 dt.02-08-2017 2/2 Collector, Begusarai in Teghra P.S. Case No. 102 of 2017(G.R. No. 1051/2017), 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. On the petitioner fulfilling the aforesaid conditions, the vehicle in question be released to the petitioner pending finalization of the confiscation proceedings. With the aforesaid, the petition stands disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07/08/2017 Transmission Date NA