Pankaj Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17302 of 2017 ====================================================== Pankaj Kumar, S/o- Anil Singh, Resident of Village- Nawadera, P.W.- Purana Bhojpur, P.S. Dumraon, District- Buxar ... ... Petitioner/s
Versus
The State Of Bihar & Ors ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar Gupta, Adv.
For the Respondent/s :
Mr. VIKASH KUMAR -SC11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 27-11-2017 This writ petition has been filed for release of a vehicle (Mahindra KUV 100 K4 ) bearing Chesis Number MAIVB2NACH6F90588, Engine Number NAHZF60418 which has been seized in connection with Dumraon P.S. Case No. 296/2017 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
Patna High Court CWJC No.17302 of 2017(2) dt.27-11-2017 2/2 pending finalization of the aforesaid confiscation proceedings and/or criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing Bank Guarantee to the satisfaction of District Magistrate, Buxar and further undertaking to produce the vehicle as and when directed by the District Magistrate, Buxar and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and/or criminal case in any manner so as to create a third party interest or cause prejudice to the rights of the State Government.
With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U