Suryadev Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7812 of 2018 ====================================================== Suryadev Kumar Son of Siyaram Singh resident of House No. - 6, Yogipur, Police Station - Bihta, District - Patna.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Registration, Prohibition and Excise, Government of Bihar, Patna.

2. The Excise Commissioner, Bihar, Patna.

3. The District Collector-cum-District Magistrate, Patna.

4. The Director General of Police, Bihar, Patna.

5. The Superintendent of Police, Patna.

6. The Station House Officer, Malsalami Police Station Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Kumar Uday Pratap, 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) 24-04-2018 Having heard learned counsel for the parties, we direct that pending finalization of the criminal case (Malsalami P.S. Case No.16 of 2018) vehicle of the petitioner (Truck bearing Regn.

No.UP-78 AT-1866, Chasis No.373341KVZ137107 and Engine No.697TC45KVZ126616) be released to the petitioner on the petitioner furnishing two sureties to the satisfaction of the District Magistrate, Patna. The vehicle in question shall be released within a week from the date of furnishing the sureties. The applicability of Section 56, in the facts and

Patna High Court CWJC No.7812 of 2018(2) dt.24-04-2018 2/2 circumstances of the case, shall be considered and decided before proceeding with the confiscation proceedings. With the aforesaid, the writ petition stands disposed of.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) K.C.Jha/- U