Amrendra Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18684 of 2017 ====================================================== Amrendra Kumar, Son of late Raghav Prasad Thakuar, R/o VillageNarainpur, P.S. Pusa, District Samastipur, At Present V-70 First Floor Gali N-4, Bhagwati Vihar Uttam Nagar D.K. Mohan Garden S.O. West Delhi. .... .... Petitioner/s

Versus

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

2. The District Magistrate, Bettiah, W. Champaran

3. The Senior Superintendent of Police, Bettiah, W. Champaran

4. The Officer-in-Charge of Nadi Police Station, W. Champaran. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhannjay Kumar No 2, Advocate For the Respondent/s : Mr. Vikash Kumar, SC-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-12-2017 This writ petition has been filed for release of a vehicle in question (Scorpio Hawk) bearing Registration No. HR51AL- 2416, which has been seized in connection with Nadi P.S. Case No. 59 of 2017 due to violation of the Excise Act. The confiscation proceedings are pending and 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

Patna High Court CWJC No.18684 of 2017 (2) dt.20-12-2017 2/2 conditions and 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 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, Bettiah, West Champaran, within a period of one week from the date of furnishing the sureties and further undertaking to produce the vehicle as and when directed by the District Magistrate, Bettiah, West Champaran, 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) Uday/- U