← Library
Patna High CourtCWJC/7317/2018disposed

Rajeev Kumar Ranjan v. The State Of Bihar And ORS

2018-04-19Mr. Justice Rajeev Ranjan Prasad,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7317 of 2018 ====================================================== Rajeev Kumar Ranjan son of Bishwanath Ram resident of village - Bakhraur Jaddi, P.S. - Barauli, District - Gopalganj. .... .... Petitioner/s

Versus

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

2. The Director General of Police, Bihar, Patna.

3. The Excise Commissioner, Bihar, Patna.

4. The Inspector General of Police, Bihar, Patna.

5. The District Magistrate/Collector, Siwan.

6. The Superintendent of Police, Siwan.

7. The Excise Superintendent of Police, Siwan.

8. The Officer-in-Charge of Siwan Town, Police Station District - Siwan.

9. The Investigation Officer of Town P.S. Case No. 176/18 dated 22.01.2018 Siwan Town Police Station, Siwan.

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

For the Petitioner/s : Mr. Javed Aslam, Advocate For the Respondent/s : Mr. Anil Kumar Sinha -GA1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-04-2018 This writ petition has been filed for release of a vehicle ( Renault Duster Car ) bearing Registration No. BR 28G 8007, which has been seized in connection with Siwan Town P.S. Case No. 176 of 2018 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

Patna High Court CWJC No.7317 of 2018 (2) dt.19-04-2018 2/2 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.

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

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) K.C.jha/- U