Patna High CourtCWJC/15396/2017disposed

Rajesh Kumar Yadav v. The State Of Bihar And ORS

2017-10-30The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15396 of 2017 ====================================================== Rajesh Kumar Yadav, aged about 36 years, S/o Ramchandra Yadav, Resident of Mohalla- Rajpura Nawada Basti, P.O. & P.S.- Jhumri Telaiya, Basti, District- Kodarma, State- Jharkhand.

.... .... Petitioner/s

Versus

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

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

3. The Senior Superintendent of Police, Patna.

4. The Superintendent of Police, Excise, Patna.

5. The Officer-in-charge, Kankarbagh Police Station, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Pradhan, Advocate For the Respondent/s : Mr. Kumar Manish, SC- 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 30-10-2017 This writ petition has been filed for release of a vehicle in question (Scorpio) bearing Registration No. JH 12F2456, which has been seized in connection with Kankarbagh P.S. Case No. 492 of 2017 due to violation of the Excise Act. The confiscation proceedings are pending and 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

Patna High Court CWJC No.15396 of 2017 (2) dt.30-10-2017 2/2 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 proceedings and aforesaid criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing two surety bonds to the satisfaction of District Magistrate, Patna and further undertaking to produce the vehicle as and when directed by the District Magistrate, Patna and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Uday/- U