Usha Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5543 of 2018 =========================================================== Usha Devi, Wife of Late Shanker Chaudhary, Resident of Village- Kasara, Police Station- Gurua, District- Gaya.

.... .... Petitioner/s

Versus

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

2. The District Magistrate-cum-Collector, Gaya.

3. The Superintendent of Police, Gaya.

4. The Officer-in-Charge, Gurua Police Station Gurua, Gaya. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Vijay Bharti For the Respondent/s : Mr. VIKASH KUMAR- SC11 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 28-03-2018 This writ petition has been filed for release of a vehicle (Bajaj Avenger 150 Motor Bike) bearing Registration No. BR-02-AE2007 which has been seized in connection with Gurua P.S. Case No. 95/17 due to violation of the Excise Act. 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 conditions and we see no reason to make a deviation in the present case. Keeping in view the aforesaid, it is directed that pending

Patna High Court CWJC No.5543 of 2018 dt.28-03-2018 2/2 finalization of the aforesaid confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner, on his furnishing two surety bonds to the satisfaction of the District Magistrate-cum-Collector, Gaya 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 or create a third party interest during the pendency of the confiscation proceedings and criminal case or prejudice the right of the State in confiscation proceeding. The aforesaid vehicle shall be released within one week from the date of furnishing of the sureties.

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

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Dilip, AR AFR/NAFR NAFR CAV DATE N/A Uploading Date 31.03.2018 Transmission Date N/A