Ramesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10061 of 2018 ====================================================== Ramesh Kumar, S/o Madan Prasad, Resident of Dak Banghla Road, Dahiyaman, P.S.- Chapra Town, District- Saran. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principle Secretary, Registration and Prohibition Department, Government of Bihar, Patna.

2. The District Magistrate, cum Collector, Saran District Saran.

3. The Assistant Excise Commissioner, Saran District- Saran.

4. The Superintendent of Excise Saran, District- Saran.

5. The Superintendent of Police, Saran, District- Saran.

6. The Vehicle Inspector, Saran, District- Saran.

7. The Officer in Charge, Manjhi, P.S. District- Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Awadhesh 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) 05-07-2018 This writ petition has been filed for release of a vehicle (Motorcycle) bearing Registration No. BR04U 9120, which has been seized in connection with Manghi P.S. Case No. 58 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 we see no reason to make a deviation in the present case.

Keeping in view the aforesaid, it is directed that

Patna High Court CWJC No.10061 of 2018(2) dt.05-07-2018 2/2 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, Saran District- Saran 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) (Rajeev Ranjan Prasad, J) K.C.Jha/R.S.Sen U