Deepak Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6554 of 2018 ====================================================== Deepak Kumar, son of Shambhu Nath Chaudhary, resident of village New Gangauli, P.S. Dehri, district Rohtas ... Petitioner
Versus
1. The State Of Bihar through the Principal Secretary, Department of Excise & Prohibition, Government of Bihar, Patna
2. The District Magistrate, Rohtas
3. The Superintendent of Police, Rohtas
4. The S.H.O., Sasaram (Darigaon) Police Station, Rohtas ... Respondents ====================================================== Appearance :
For the Petitioner :
M/s Dr. Anshuman Kumar & Kuber Pathak, Advs.
For the Respondents :
Mr. Kumar Manish, SC V ====================================================== 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 vehicle (Apache motorcycle) bearing Engine No. OE4EG2977560, Chassis No. MD634KE48G2E30863 which has been seized in connection with Sasaram (Darigaon) P.S. Case No. 1601 of 2017 due to violation of the Bihar Prohibition and Excise Act, 2016.
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 seen 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
Patna High Court CWJC No.6554 of 2018(2) dt.11-04-2018 2/2 criminal cases, the aforesaid vehicle in question shall be released to the petitioner on his furnishing the two sureties to the satisfaction of the District Magistrate, Rohtas, 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 off.
(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Shamshad/- U