Vikash Kumar @ Vikash Kumar Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3073 of 2018 ====================================================== Vikash Kumar @ Vikash Kumar Yadav S/o Arun Kumar Yadav R/o Belbagh Bengali Colony P.S. Bettiah Town Dist. W. Champaran. ... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Department, of Excise and Prohibition, Govt. of Bihar,

2. The District Magistrate, East Champaran at Motihari

3. The Police Superintendent East Champaran at Motihari

4. The Officer Incharge to Harsidhi Police Station E.Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhannjay Kumar No 2, Advocate For the Respondent/s :

Mr. KUMAR MANISH- SC5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 26-02-2018 This writ petition has been filed for release of a vehicle (Hero Glamour self Motorcycle) bearing Registration No. BR 22T-7109 which has been seized due to violation of the provisions of the Bihar Prohibition and Excise Act, 2016 in connection with Harsidhi P.S. Case No. 09 of 2018. It is common ground that in various cases, similar petitions have been allowed and pending finalization of the confiscation proceedings, seized vehicle has been directed to be released. Keeping in view the aforesaid, pending finalization of the confiscation and criminal proceedings, the vehicle in question, shall be released to the petitioner on his furnishing two sureties

Patna High Court CWJC No.3073 of 2018(2) dt.26-02-2018 2/2 to the satisfaction of the District Magistrate, East Champaran at Motihari within one week from the date of furnishing the sureties, subject to the condition that the petitioner shall make available the vehicle in question before the authority concerned as and when directed and further that he shall undertake not to alienate the vehicle or deal with it in any manner whatsoever during the pendency of the confiscation proceedings so as to cause adverse effect or prejudice to the State Government. With the aforesaid, the petition stands disposed of. (Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) spandey/- U