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Patna High CourtCWJC/686/2018disposed

Ashok Kumar v. The State Of Bihar And ORS

2018-01-12The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.686 of 2018 ====================================================== Ashok Kumar ... ... Petitioner/s

Versus

The State Of Bihar & Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Sunil, Adv.

For the Respondent/s :

Mr. KUMAR MANISH- SC5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 12-01-2018 This writ petition has been filed for release of a vehicle (Black Colour Motor Cycle) bearing Registration No. BR-45H-1319, which has been seized in connection with Ramgarh P.A. Case No.211 of 2017 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.

Keeping in view the aforesaid, it is directed that

Patna High Court CWJC No.686 of 2018(2) dt.12-01-2018 2/2 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 District Magistrate-cum-Collector, Kaimur (Bhabua) and further undertaking to produce the vehicle as and when directed by the District Magistrate-cum-Collector, Kaimur (Bhabua) and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and 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. (Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U