Bijay Sahu v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8500 of 2018 ====================================================== Bijay Sahu, son of Bahali Sahu, resident of Village/Mohalla-Hosir, P.S. Kanke, District-Ranchi.

... ... Petitioner/s

Versus

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

2. Collector-cum- District Magistrate, District-Gaya.

3. Superintendent of Police, District-Gaya.

4. Superintendent of Excise, Gaya.

5. The Officer Incharge, Barachatti P.S., District-Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhir Kumar Sinha, Advocate For the Respondent/s :

Mr. Vivek Prasad- GP 7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 01-05-2018 This writ petition has been filed for release of a vehicle (Swift) bearing Registration No.JH10R-8375, which has been seized in connection with Barachatti (Sherghati) P.S. bearing Excise Case No.366/2017 due to violation of the Bihar Prohibition and Excise Act, 2016.

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

Patna High Court CWJC No.8500 of 2018(2) dt.01-05-2018 2/2 initiation/finalization of the confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing the bank guarantee to the satisfaction of District Magistrate, Gaya within a period of one week from the date of his furnishing the bank guarantee 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 proceedings and criminal case so as to cause adverse effect or prejudice to the State Government.

With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Sunil/- U