Ranjita Agrawal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7353 of 2018 ====================================================== Ranjita Agrawal, Wife of Shyam Sundar Agrawal, Resident of Bihar Colony, Bilaspur, P.S.- Civil Line, District- Bilaspur (Chhattisgarh), and at present House No.61, Rohini Vihar, Near Green Park Colony, Bilaspur, District- Bilaspur (Chhattisgarh).

.... .... Petitioner/s

Versus

1. The State of Bihar through Excise Commissioner, Excise Department, Bihar, Patna.

2. The D.M. Aurangabad.

3. The Superintendent of Police, Aurangabad.

4. The Incharge of Amba Police Station, Aurangabad. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Santosh Kumar Pandey, Advocate For the Respondent/s : Mr. Vikash Kumar -SC11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 23-04-2018 Learned counsel for the petitioner is permitted to make necessary correction in the prayer portion.

This writ petition has been filed for release of a vehicle ( Duster Multi Utility Vehicle ) bearing Registration No. CG10S-3555, which has been seized in connection with Amba P.S. Case No. 100 of 2017 due to violation of the provisions of the Excise Act.

It is common ground that in various cases, identical in nature, pending finalization of the confiscation/excise/criminal

Patna High Court CWJC No.7353 of 2018 (2) dt.23-04-2018 2/2 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 finalization of the confiscation/excise proceedings and/or criminal case, the vehicle in question shall be released to the petitioner on the petitioner furnishing two surety bonds to the satisfaction of District Magistrate-cum-Collector, Aurangabad 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/excise proceedings and/or criminal case so as to create third party rights or prejudice the rights of the State in the pending proceedings. The vehicle in question be released within one week from the date of furnishing the surety bonds. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) N.H./- U