Ramagya Ray v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18640 of 2017 ====================================================== Ramagya Ray, Son of Late Surya Ray, Resident of Village+P.O.- Tikuliya, Police Station- Pipra, District- East Champaran. ... ... Petitioner/s

Versus

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

2. The District Magistrate, East Champaran, Motihari.

3. The Superintendent of Police, East Champaran, Motihari.

4. The Officer in Charge, Chhauradano (Mahuawa), Police Station, DistrictEast Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhurendra Kumar, Adv.

For the Respondent/s :

Mr. VIVEK PRASAD - GP -7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-12-2017 This writ petition has been filed for release of a vehicle (Hero Passion Pro Motor Cycle) bearing Registration No. BR-05K-0992, which has been seized in connection with Chhauradano (Mahuawa) P.S. Case No.132 of 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/or 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 conditions and we see no reason to make a deviation in

Patna High Court CWJC No.18640 of 2017(2) dt.19-12-2017 2/2 the present case.

Keeping in view the aforesaid, it is directed that pending finalization of the aforesaid confiscation proceedings and/or criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing two surety bonds to the satisfaction of Collector-cum-District Magistrate, East Champaran, Motihari and further undertaking to produce the vehicle as and when directed by the Collector-cum-District Magistrate, East Champaran, Motihari and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and/or criminal case in any manner so as to create third party interest or cause prejudice to the rights of the State Government in the confiscation proceedings and/or criminal case.

With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U