Jai Prakash Narain v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16059 of 2017 ====================================================== Jai Prakash Narain, Son of Thakur Ram, Resident of Village- Mirganj, P.S.- Uchakagaon.

... ... Petitioner/s

Versus

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

2. The Collector-cum-District Magistrate, Siwan.

3. The Superintendent of Excise, Siwan.

4. The Superintendent of Police, Siwan.

5. The Officer In Charge, Mairwa Police Station, Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhakar Singh For the Respondent/s :

Mr. KUMAR MANISH -SC5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 14-11-2017 This writ petition has been filed for release of Maruti Suzuki LX Car bearing Registration No. BR 1AM-9836 which has been seized in connection with Mairwa P.S. Case No. 181 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 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

Patna High Court CWJC No.16059 of 2017(2) dt.14-11-2017 2/2 be released.

Keeping in view the aforesaid, this petition is also allowed and the vehicle in question, i.e. Maruti Suzuki LX Car bearing Registration No. BR 1AM-9836 shall be released to the petitioner on his furnishing adequate sureties to the satisfaction of the District Magistrate, Siwan, 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, Siwan 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