Vinod Kumar Singh @ Binod Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15253 of 2017 ====================================================== Vinod Kumar Singh @ Binod Kumar Singh, son of Sri Parshu Singh, resident of Village + P.O. + Police Station- Ram Chandra Pur, DistrictGopalganj. .... .... Petitioner/s

Versus

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

2. The District Magistrate, Gopalganj.

3. The Superintendent of Police, Gopalganj.

4. The Officer-in-Charge, Thawey Police Station, District- Gopalganj. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate For the Respondent/s : Mr. Pushkar Narain Shahi, AAG- 6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 30-10-2017 This writ petition has been filed for release of a vehicle in question (Hyundai Car) bearing Registration No. BR29 Y- 1290, which has been seized in connection with Excise Case No. 105 of 2016, arising out of Thawey P.S. Case No. 163 of 2017 due to violation of the Excise Act. The confiscation proceedings are pending and 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

Patna High Court CWJC No.15253 of 2017 (2) dt.30-10-2017 2/2 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 proceedings and aforesaid criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing Bank guarantee to the satisfaction of District Magistrate, Gopalganj and further undertaking to produce the vehicle as and when directed by the District Magistrate, Gopalganj 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) Uday/- U