Patna High CourtCWJC/16093/2017disposed

Rohtas v. The State Of Bihar And ORS

2017-11-13The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16093 of 2017 ====================================================== Rohtas, S/o Surat Singh, R/o- Village Kheri Damkan, P.S. Gonda, DistrictSonipat, Haryana ... ... Petitioner/s

Versus

1. The State Of Bihar through District Magistrate, Saran at Chhapra

2. The Superintendent of Police, Saran at Chhapra

3. The Excise Superintendent, Saran at Chhapra

4. The Excise Inspector, Excise, Saran at Chhapra

5. District Transport Officer, Sonepat, Haryana

6. The Police Inspector-cum-SHO, Chhapra Mufassil Police Station, Saran at Chhapra ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yashraj Bardhan, Adv.

For the Respondent/s :

Mr. VIKASH KUMAR - SC-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 13-11-2017 This writ petition has been filed for release of a vehicle (Truck) bearing Registration No. HR 69C-5104, which has been seized in connection with Chhapra Muffasil P.S. Case No. 288/2016 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

Patna High Court CWJC No.16093 of 2017(2) dt.13-11-2017 2/2 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 finalization of the aforesaid confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing Bank Guarantee to the satisfaction of District Magistrate, Saran at Chapra and further undertaking to produce the vehicle as and when directed by the District Magistrate, Saran at Chapra and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case.

With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U