Nutan Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6049 of 2018 ====================================================== Nutan Devi, Wife of Arvind Jha, Resident of Village- Bangaon, P.S.- Bangaon, District- Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary, Excise Department, Bihar, Patna.

2. Director General of Police, Bihar, Patna.

3. Collector, Saharsa.

4. Superintendent of Police, Saharsa.

5. S.H.O., P.S.- Bangaon, District- Saharsa.

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

For the Petitioner/s : Mr. Madhav Jha, Advocate For the Respondent/s : Mr. Vivek Prasad-GP7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 11-04-2018 This writ petition has been filed for release of a vehicle ( Motor Cycle ) bearing Registration No. BR 19C 7561, which has been seized in connection with Bangaon P.S. Case No.61 of 2017 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.6049 of 2018 (2) dt.11-04-2018 2/2 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 two surety bonds to the satisfaction of District Magistrate-cum-Collector, Saharsa 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 surety bonds.

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

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) N.H./- U