Keshav Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7240 of 2018 =========================================================== Keshav Kumar Singh, Son of Kapildev Singh, R/o Village Malkaunia, P.S. Pach Pokari, O.P. Dhaka, District East Champaran .... .... Petitioner/s

Versus

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

2.The Divisional Commissioner, Muzaffarpur.

3.The District Magistrate-cum-Collector, East Champaran at Motihari. 4.The Superintendent of Police, East Champaran at Motihari. 5.The S.H.O, Kundwachainpur Police Station.

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

For the Petitioner/s : Mr. Ajay Kumar Singh 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: 18-04-2018 This writ petition has been filed for release of a vehicle (Hero Honda Motorcycle) bearing Registration No. BR0-5F-9275 which has been seized in connection with Kundwa Chainpur P.S. Case No. 32/2017 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.7240 of 2018 dt.18-04-2018 2/2 finalization of the confiscation proceedings and aforesaid criminal case, the aforesaid vehicle in question shall be released to the petitioner, on his furnishing two surety bonds to the satisfaction of District Magistrate-cum-Collector, East Champaran at Motihari 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) AFR/NAFR NAFR CAV DATE N/A Uploading Date23.04.2018 Transmission Date rrojha/- N/A