Ram Chandra Ram v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8150 of 2018 ====================================================== Ram Chandra Ram, Son of Rajdeo Ram, Resident of Village- Ghoda Dehri, Dadhpi, P.S.- Madanpur, District- Aurangabad. ... ... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Excise Department, New Secretariat, Govt. of Bihar, Patna.
2. The District Magistrate, Aurangabad.
3. The Officer-in-charge, Madanpur, Aurangabad. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailesh Kumar Singh, Advocate For the Respondent/s :
Mr. Kumar Manish -SC-5 ====================================================== 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 (motorcycle) bearing Registration No. BR26G 9867, which has been seized in connection with Madanpur P.S. Case No. 54/2018 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 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.8150 of 2018(2) dt.01-05-2018 2/2 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 Bank Guarantee to the satisfaction of District Magistrate, 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 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 Bank Guarantee.
With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) P.K.P./- U