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Patna High CourtCWJC/2856/2018disposed

Aditya Kumar v. The State Of Bihar And ORS

2018-02-16The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2856 of 2018 ====================================================== Aditya Kumar, son of Umesh Kumar Sah, resident of Village Chhit Bhagwatipur, P.S. Ahiyapur, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

2. The District Magistrate, Muzaffarpur

3. Superintendent of Excise, Muzaffarpur.

4. Station House Officer, Mithanpura Police Station, District Muzaffarpur.

5. Investigating Officer of Mithanpura P.S. Case No.213 of 2017, DistrictMuzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Respondent/s :

Mr. Kumar Manish -SC 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 16-02-2018 This writ petition has been filed for release of a vehicle (Royal RE Classic 350 Motorcycle) bearing Registration No. BR 06AJ-5351, which has been seized in connection with Mithanpura P.S. Case No.213/2017 due to violation of the 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 case, 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.2856 of 2018(2) dt.16-02-2018 2/2 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 District Magistrate, Muzaffarpur, 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) ( Rajeev Ranjan Prasad, J) Sunil/- U