Patna High CourtCWJC/16784/2017disposed

Uma Shankar Sahni v. The State Of Bihar And ORS

2017-11-24The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16784 of 2017 ====================================================== Uma Shankar Sahni, Son of Late Bhola Sahni, Resident of Village-Rasulpur, P.S.-Ahiyapur, District-Muzaffarpur.

... ... Petitioner/s

Versus

1. The State of Bihar Through the Secretary, Department of Excise, Patna.

2. The Excise Commissioner, Patna.

3. The District Magistrate, Muzaffarpur.

4. The Sub-Divisional Officer, Sadar, Muzaffarpur.

5. The Superintendent of Police, Muzaffarpur.

6. The S.H.O., Kurhani Police Station ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mithilesh Kumar Jha, 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) 24-11-2017 This writ petition has been filed for release of a vehicle (Pick-up Van ) bearing Registration No. BR-06-GB1024, which has been seized in connection with Kurhani P.S. Case No. 324/2017 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

Patna High Court CWJC No.16784 of 2017(2) dt.24-11-2017 2/2 various 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, Muzaffarpur and further undertaking to produce the vehicle as and when directed by the District Magistrate, Muzaffarpur 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