Surajbali Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8902 of 2018 ====================================================== Surajbali Singh, son of Sri Rajdeo Singh, resident of village - Moti Bazar Quarter Bohula, P.S. - Andal, District Burdwan (West Bengal). .... .... Petitioner/s

Versus

1. The State of Bihar, the Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Department of Home, Bihar, Old Secretariat, Patna.

3. The Principal Secretary, Department of Excise, Bihar, Old Secretariat, Patna - 1.

4. The Collector cum District Magistrate, Gaya.

5. The Superintendent of Police, Gaya.

6. The Excise Superintendent, Gaya.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prithivi Raj Singh For the Respondent/s : Mr. Anil Kr. Sinha- GA1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 16-05-2018 This writ petition has been filed for release of a vehicle (Omani Maruti Car) bearing Registration No. WB-40-AB-3873, which has been seized in connection with Barachatti P.S. Case No. 56 of 2018 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

Patna High Court CWJC No.8902 of 2018 (2) dt.16-05-2018 vehicles have been directed to be released by this Court on 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 confiscation proceedings and aforesaid 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, Gaya and further undertaking to produce the vehicle as and when directed by the authority concerned and not to alienate or deal with the vehicle in question or create a third party interest during the pendency of the confiscation proceedings and criminal case or prejudice the right of the State in confiscation proceeding. The aforesaid vehicle shall be released within one week from the date of furnishing of the sureties. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Arvind/- U