Patna High CourtCWJC/1454/2018disposed

Anil Kumar Saw v. The State Of Bihar And ORS

2018-01-29The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1454 of 2018 ======================================================

1. Anil Kumar Saw, S/o Sideshwar Saw, R/o Mohalla- Parpokhara Bahari, Begmapur, Patna- 800009.

.... .... Petitioner/s

Versus

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

2. The District Magistrate, Patna, Bihar.

3. The Senior Superintendent of Police, Patna, Bihar.

4. The Station House Officer, Agamkuan, Police Station, Town & DistrictPatna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Awadhendra Kumar, Adv. For the Respondent/s : Mr. Vikash Kumar -Sc11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 29-01-2018 This writ petition has been filed for release of Pulsar motorcycle bearing Chasis no. MD2AIICZXHRK07403, Engine no. DHZRHK78785, colour E-Black which has been seized in connection with Agam Kuan P.S. Case No. 503 of 2017 (Special Case No. 6865 of 2017) due to violation of Bihar Prohibition and Excise Act, 2016.

It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings and criminal cases, vehicles have been directed to be released by this Court on various conditions and we see no reason to make a

Patna High Court CWJC No.1454 of 2018 (2) dt.29-01-2018 2/2 deviation in the present case.

Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing two sureties to the satisfaction of the District Magistrate-cum-Collector, Patna, within a period of one week from the date of his furnishing the sureties 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 proceedings and criminal case so as to cause adverse effect or prejudice to the State Government.

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

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) SA/- U