Patna High CourtCWJC/18717/2017disposed

Hadish Ansari v. The State Of Bihar And ORS

2018-01-09The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18717 of 2017 ====================================================== Hadish Ansari, son of Halim Ansari, resident of Village- Haripur, Ward No. 03, P.S. Jogbani, District- Araria ... ... Petitioner/s

Versus

1. The State Of Bihar represented through the Principal Secretary-cumCommissioner, Department of Excise, Government of Bihar, Patna

2. The Excise Commissioner, Bihar, Patna

3. The District Magisgtrate, Araria

4. The Superintendent of Police, Araria

5. The Superintendent of Excise, Araria

6. The Officer-in-Charge, Bathnaha Police Station, District- Araria ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Ravish Mr. Kashyap Kaushal, Advocates 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) 09-01-2018 This writ petition has been filed for release of a vehicle (Scorpio Car) bearing Registration No. BR 11 V 7531 which has been seized for violation of the provisions of the Bihar Prohibition and Excise Act, 2016 in connection with Jogbani (Bathnana) P.S. Case No. 167 of 2017.

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 be released.

Keeping in view the aforesaid, pending finalization of

Patna High Court CWJC No.18717 of 2017(2) dt.09-01-2018 2/2 the confiscation and criminal proceedings, the vehicle in question, shall be released to the petitioner on his furnishing two sureties to the satisfaction of the District Magistrate, Araria within one week from the date of furnishing the sureties, 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 so as to cause adverse effect or prejudice to the State Government.

With the aforesaid, the petition stands disposed of. (Rajendra Menon, CJ) spandey/- ( Anil Kumar Upadhyay, J) U