Arvind Kumar Giri v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7990 of 2018 ====================================================== Arvind Kumar Giri Son of Nersingh Giri, Resident of Village-Dinara Anand BHawan infront of Allahabad Bank, P.S. Dinara, District-Rohtas. ... ... Petitioner/s

Versus

1. The State of Bihar through the Secretary Department of Excise Government of Bihar Patna.

2. The District Magistrate, Aurangabad.

3. The Superintendent of Police, Aurangabad.

4. The Officer in Charge, Aurangabad Town Police Station, DistrictAurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Leelawati Kumari, Advocate For the Respondent/s :

Mr. Vikash Kumar- SC 11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 30-04-2018 This writ petition has been filed for release of a vehicle (Bolero) bearing Registration No. BR24P-3474, which has been seized in connection with Aurangabadj Muffasil P.S. Case No. 56 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 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.

Patna High Court CWJC No.7990 of 2018(2) dt.30-04-2018 2/2 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 the bank guarantee 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 bank guarantee. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) ( Sanjay Kumar, J) K.C.Jha/- U