Arun Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5603 of 2018 =========================================================== Arun Kumar Singh, son of Hem Narayan Singh, R/o Mohalla Abhishek Colony, Near Ram Janki Mandir, P.S. Bhagwan Bazar, District Saran at Chapra. .... .... Petitioner/s

Versus

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

2. The Excise Commissioner, Bihar, Patna

3. The Director General of Police, Bihar, Patna

4. The District Magistrate cum Collector, Saran at Chapra,

5. The Supdt. Of Police, Saran at Chapra

6. The Dy. Supdt. Of Police, Saran at Chapra,

7. The Officer-in-Charge of Doriganj P.S., District Saran at Chapra. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Nawal Kishore Singh For the Respondent/s : Mr. VIKASH KUMAR-SC11 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 28-03-2018 This writ petition has been filed for release of a vehicle (White Colour Diesel Scorpio 4-Wheeler Car) bearing Registration No. MP-22CA 2407 which has been seized in connection with Doriganj P.S. Case No. 57/18 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

Patna High Court CWJC No.5603 of 2018 dt.28-03-2018 2/2 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 aforesaid confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner, on his furnishing two surety bonds to the satisfaction of the District Magistrate-cum-Collector, Saran at Chapra, 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 sureties. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Dilip, AR AFR/NAFR NAFR CAV DATE N/A Uploading Date 31.03.2018 Transmission Date N/A