Mahesh Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.822 of 2018 ====================================================== Mahesh Prasad, son of Mahendra Prasad, resident of village- Langarpura Bicholi Bazar, P.S.- Mairwa, District- Siwan. .... .... Petitioner

Versus

1. The State of Bihar, through the Chief Secretary, Government of Biahr, Patna.

2. The District Magistrate, Siwan.

3. The Superintendent of Excise Department, Siwan.

4. The Officer-in-charge, Mairwa Police Station, Siwan. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate 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) 16-01-2018 This writ petition has been filed for release of a vehicle (Pickup Van) bearing Registration No. BR 29D 5016, which has been seized in connection with Mairwa P.S. Case No.231 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

Patna High Court CWJC No.822 of 2018 (2) dt.16-01-2018 2/2 case.

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-cum-Collector, Siwan and further undertaking to produce the vehicle as and when directed by the District Magistrate-cum-Collector, Siwan 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. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) K.C.jha/- U