Habib Ansari @ Md. Habib Ansari v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1382 of 2018 ======================================================
1. Habib Ansari @ Md. Habib Ansari Son of Khalid Ansari Resident of Village-Rajopatti, P.S.-Sitamaehi, District-Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, of the Excise Department, Bihar, at Patna.
2. The Callector Cum District magistrate, Sitamarhi.
3. The Superintendent of Police, Sitamarhi.
4. The Officer In-Charge of Police Station, Sadar, District-Sitamarhi. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Mishra, Adv. For the Respondent/s : Mr. Anil Kumar Sinha -Ga1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 29-01-2018 This writ petition has been filed for release of while colour Scorpio jeep bearing registration no. BR-30P-0296 which has been seized in connection with Sitamarhi P.S. Case No. 1054 of 2017 due to violation of Bihar Prohibition and Excise Act, 2016.
It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings and criminal cases, 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.
Patna High Court CWJC No.1382 of 2018 (2) dt.29-01-2018 2/2 Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing two sureties to the satisfaction of the District Magistrate-cum-Collector, Sitamarhi, 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 of.
(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) SA/- U