Akhilesh Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18820 of 2017 ====================================================== Akhilesh Kumar Singh, son of Late Kalicharan Singh, resident of VillagePiparahiya, P.S.- Ara Mufassil, District- Bhojpur. ... ... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Department of Registration, Excise and Prohibition, Government of Bihar, Patna.

2. The Excise Commissioner, Bihar, Patna.

3. The District Collector-cum- District Magistrate, Bhojpur at Ara.

4. The State of Bihar, through the Director General of Police.

5. The Superintendent of Police, Bhojpur at Ara.

6. The Police Station House Officer, Ara.

7. The Police Station House Officer, Ara, Mufassil Police Station, Bhojpur at Ara.

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

For the Petitioner/s :

Mr. Surj Bansh Roy, Advocate For the Respondent/s :

Mr. Kumar Ravish, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 09-01-2018 This writ petition has been filed for release of a vehicle (Motorcycle Suzuki Hayate) bearing Registration No. BR 0BL 3588 which has been seized due to violation of the provisions of the Bihar Prohibition and Excise Act, 2016 in connection with Ara Mufassil P.S. Case No. 189 of 2017.

It is common ground that in various cases, similar petitions have been allowed and pending finalization of the confiscation proceedings, seized vehicle has been directed to be released. Keeping in view the aforesaid, pending finalization of the

Patna High Court CWJC No.18820 of 2017(2) dt.09-01-2018 2/2 confiscation and criminal proceedings, the vehicle in question, shall be released to the petitioner on his furnishing two sureties to the satisfaction of the District Magistrate, Bhojpur at Ara within one week from the date of furnishing the sureties, 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 so as to cause adverse effect or prejudice to the State Government.

With the aforesaid, the petition stands disposed of. (Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) spandey/- U