Abhishek Anand v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7475 of 2018 ====================================================== Abhishek Anand, Son of Nand Kishor Pathak, Resident of Village-Lohanipur, P.S. Agamkuwan, District-Patna, Parmanent Resident of Village-Rampur, Ward No.-9, P.S.-Jamalpur, District-Munger.

... .... Petitioner/s

Versus

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

2. The District Magistrate, District-Patna.

3. The Director General of Police, Patna.

4. The Inspector General of Police, Patna Division, Patna.

5. The Deputy Inspector General of Police, Patna Division, Patna.

6. The Superintendent of Police, District-Patna.

7. The Deputy Superintendent of Police, Patna Sadar, District-Patna.

8. The Police-In-Charge of Kotwali Police Station, District-Patna.

9. The Investigation Officer of Kotwali P.S. Case No.-149 of 2018, Date11.03.2018. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Respondent/s :

Mr. Kumar Manish- SC 5 ====================================================== 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 (Nissan Datsun Go) bearing Registration No. BR01CD1544, which has been seized in connection with Kotwali P.S. Case No. 149 of 2018 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

Patna High Court CWJC No.7475 of 2018(2) dt.30-04-2018 2/2 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/excise proceedings and/or criminal case, the vehicle in question shall be released to the petitioner on the petitioner furnishing two surety bonds to the satisfaction of District Magistrate-cum-Collector, Patna 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 surety bonds. With the aforesaid, the writ petition stands allowed and disposed of.

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