Patna High CourtCWJC/15431/2017disposed

Asha Devi v. The State Of Bihar And ORS

2017-11-03The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15431 of 2017 ====================================================== Asha Devi, wife of Vijay Kumar Yadav, resident of Village- HarliKhurd, P.S.- Bodh Gaya, District- Gaya.

... ... Petitioner/s

Versus

1. The State of Bihar through Secretary, Department of Excise, New Secretariat, Patna, Bihar.

2. The Collector, Gaya.

3. The S.P. Gaya.

4. The ASI, Fatehpur P.S., District- Gaya.

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

For the Petitioner/s :

Mr. Vijay Anand, 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) 03-11-2017 This writ petition has been filed for release of a vehicle (Mahindra & Mahindra 295-DI Tractor) bearing Registration No. BR 2M-3265, which has been seized in connection with Fatehpur P.S. Case No. 257/2017 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

Patna High Court CWJC No.15431 of 2017(2) dt.03-11-2017 2/2 the present 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 Bank Guarantee to the satisfaction of District Magistrate, Gaya and further undertaking to produce the vehicle as and when directed by the District Magistrate, Gaya and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case.

With the aforesaid, the writ petition stands allowed and disposed of.

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