Md. Chandu v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7250 of 2018 ====================================================== Md. Chandu, S/o Md. Mansur, Resident of Mohalla- Phulwari Sharif, Taj Nagar, P.S.- Phulwari Sharif, District- Patna. .... .... Petitioner.

Versus

1. The State of Bihar.

2. The Secretary, Excise and Custom, Government of Bihar, Patna.

3. The District Magistrate-cum-Collector, Patna.

4. The Superintendent of Police, Patna.

5. The Officer Incharge, Gardanibagh, Police Station, Gardanibagh, District- Patna.

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

For the Petitioner/s : Mr. Binit Kumar For the Respondent/s : Mr. Kumar Manish -Sc5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 17-05-2018 This writ petition has been filed for release of a vehicle (Auto Rickshaw) bearing Registration No. BR 01PE 2914, which has been seized in connection with Gardanibagh P.S. Case No. 290 of 2016 due to violation of the provisions of the Excise Act.

It is common ground that in various cases, identical in nature, pending finalization of the confiscation/excise/criminal 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.7250 of 2018 (2) dt.17-05-2018 Keeping in view the aforesaid, it is directed that pending finalization of the confiscation/excise proceedings and/or criminal case, the vehicle in question shall be released to the petitioner on the petitioner furnishing the bank guarantee to the satisfaction of District Magistrate-cum-Collector, Patna 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 during the pendency of the confiscation/excise proceedings and/or 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 bank guarantee. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) U A.K.V./-