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Patna High CourtCWJC/2920/2018disposed

Jitendra Ray v. The State Of Bihar And ORS

2018-02-19Mr. Justice Rajeev Ranjan Prasad,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2920 of 2018 ====================================================== Jitendra Ray, Son of Ramlayak Ray, resident of Village- Suratpur, P.S.- Doriganj, District- Saran (Chapra).

... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Home Department, Government of Bihar, Patna.

2. The District Magistrate, Bhojpur at Ara.

3. The Superintendent of Police, Bhojpur at Ara.

4. The Deputy Superintendent of Police, Ara, Bhojpur.

5. The Superintendent of Excise, Bhojpur at Ara.

6. The State House Officer, Barhara, Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Kumar Manish -SC 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-02-2018 This writ petition has been filed for release of a vehicle bearing Registration No. BR- 04S 7595, which has been seized in connection with Barhara P.S. Case No. 247 of 2017 due to violation of the Bihar Prohibition and Excise Act, 2016. It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings and criminal case, 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.

Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and criminal case,

Patna High Court CWJC No.2920 of 2018(2) dt.19-02-2018 2/2 the aforesaid vehicle in question shall be released to the petitioner on his furnishing the bank guarantee to the satisfaction of District Magistrate, Bhojpur at Ara within a period of one week from the date of his furnishing the bank guarantee 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 proceedings and criminal case so as to cause adverse effect or prejudice to the State Government. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Sunil/- U