Patna High CourtCWJC/16107/2017disposed

Munna Rai @ Munna Kumar Rai v. The State Of Bihar And ORS

2017-11-20The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16107 of 2017 ====================================================== Munna Rai @ Munna Kumar Rai, son of Lt. Laxmi Rai, R/o Village Pipari, P.S. Garkha, District Saran ... ... Petitioner/s

Versus

1. The State Of Bihar, through the Commissioner, Excise Department, State of Bihar, Patna

2. The Collector-cum-District Magistrate, Chapra

3. The Superintendent of Police, Chapra

4. The Officer-in-Charge of Garkha Police Station, Saran at Chapra ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan, Adv.

For the Respondent/s :

Mr. VIKASH KUMAR -SC11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-11-2017 This writ petition has been filed for release of a Motorcycle bearing Registration No. BR-04R 1474, which has been seized in connection with Garkha P.S. Case No. 02 of 2017, G.R. No.18/17 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

Patna High Court CWJC No.16107 of 2017(2) dt.20-11-2017 2/2 the present case.

Keeping in view the aforesaid, it is directed that pending finalization of the aforesaid confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing two surety bonds to the satisfaction of District Magistrate, Chapra and further undertaking to produce the vehicle as and when directed by the District Magistrate, Chapra and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case.

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

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