Harsh Nath Yadav v. The State Of Bihar And ORS

Patna High Court CWJC No.6357 of 2018 dt.06-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6357 of 2018 =========================================================== Harsh Nath Yadav, son of Ram Dev Yadav, resident of village - Chhaparadhi, P.O. - Kuadh, P.S. - Khajauli, District - Madhubani. .... .... Petitioner

Versus

1. The State of Bihar, through its Principal Secretary, Excise Department, Government of Bihar, Old Secretariat, Patna.

2. The District Magistrate, Madhubani

3. The Superintendent of Police, Madhubani.

4. The S.H.O. Madhubani Town Police Station, Madhubani. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav For the Respondent/s : Mr. KUMAR MANISH-SC5 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 06-04-2018 This writ petition has been filed for release of a vehicle (Bajaj Platina Motorcycle) bearing Registration No. BR32K-7664, which has been seized in connection with Madhubani Town P.S. Case G.O. No. 38/2018 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 pending

Patna High Court CWJC No.6357 of 2018 dt.06-04-2018 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, Madhubani 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 or create a third party interest during the pendency of the confiscation proceedings and criminal case or prejudice the right of the State in confiscation proceeding. The aforesaid vehicle shall be released within one week from the date of furnishing of the Bank Guarantee. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Arvind/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.04.2018 Transmission Date NA