Binod Kumar Choudhary v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5331 of 2018 ====================================================== Binod Kumar Choudhary, son of Shiv Choudhary, resident of New Police Line, Kanke Road, District- Ranchi.
... ... Petitioner/s
Versus
1. The State Of Bihar through Principal Secretary Excise Department, Bihar at Patna.
2. The District Magistrate, Rohtas at Sasaram.
3. The Superintendent of Police, Rohtas.
4. The Officer-in-Charge, Dihri Nagar, Rohtas. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Pandey For the Respondent/s :
Mr. ANIL KR. SINHA- GA1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 26-03-2018 This writ petition has been filed for release of a vehicle (Xyllo Vehicle) bearing Registration No. JH 01AL7682, which has been seized in connection with Dihri Nagar P.S. Case No. 669/2017 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.
Patna High Court CWJC No.5331 of 2018(2) dt.26-03-2018 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 District Magistrate, Rohtas at Sasaram 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) ( S. Kumar, J) veena/- U