Hakim Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18054 of 2017 ====================================================== Hakim Prasad, Son of Seetaram Prasad, Resident of Village- Dhenuki, P.S.- Panapur, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

2. The Inspector General of Excise and Registration, Government of Bihar, Patna.

3. The Collector cum District Magistrate, Gopalganj.

4. The Superintendent of Police, Gopalganj.

5. The Excise Superintendent, Gopalganj.

6. The Sub-Divisional Officer, Gopalganj.

7. The Sub-Divisional Police Officer, Gopalganj.

8. The Circle Officer, Baikunthpur, Gopalganj.

9. The Station House Officer, Baikunthpur P.S., District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jeetendra Narayan, Advocate For the Respondent/s :

Mr. Lalit Kishore -AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 11-12-2017 This writ petition has been filed for release of Mahindra Supro-Jeep bearing Registration No. BR-04 PA 0468, which has been seized in connection with Confiscation (Excise) Case No. 384 of 2017 arising out of Baikunthpur P.S. Case No. 193 of 2017, for violation of the Bihar Prohibition and Excise Act, 2016. The prayer made in the writ petition is to release the vehicle in question pending finalization of the confiscation proceedings and criminal case.

Seeking release of the vehicle in question, this writ petition

Patna High Court CWJC No.18054 of 2017(2) dt.11-12-2017 2/2 has been filed and it is common ground that in various cases, similar petitions have been allowed and pending finalization of the confiscation proceedings, seized vehicle has been directed to be released.

Keeping in view the aforesaid, this petition is also allowed and the vehicle in question, i.e. Mahindra Supro-Jeep bearing Registration No. BR-04 PA 0468 shall be released to the petitioner on his furnishing adequate Bank Guarantee to the satisfaction of the District Magistrate, Gopalganj, subject to the condition that the petitioner shall make available the vehicle in question before the authority concerned as and when directed and further that he shall undertake not to alienate the vehicle or deal with it in any manner whatsoever during the pendency of the confiscation proceedings before the District Magistrate, Gopalganj so as to cause adverse effect or prejudice to the State Government.

With the aforesaid, the petition stands disposed of (Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) spandey/- U