Patna High CourtCWJC/16900/2017disposed

Deepak Kumar v. The State Of Bihar And ORS

2017-11-23The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16900 of 2017 ====================================================== Deepak Kumar Son of Sanjay Kumar Rai Resident of Village- Kiratpur Rajaram, Shekhopur Dadhiya, Shekhpura Derhia, Police StationBhagwanpur, District- Vaishali. ... ... Petitioner/s

Versus

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

2. The District Magistrate, Vaishali at Hazipur.

3. The Superintendent of Police, Vaishali at Hazipur.

4. The S.H.O. Lalganj Police Station, District- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan No.II, Adv.

For the Respondent/s :

Mr. VIVEK PRASAD -GP7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 23-11-2017 This writ petition has been filed for release of a vehicle bearing Registration No. BR 06AX-0954 which has been seized in connection with Lalganj P.S. Case No. 240/2017 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 various conditions and we see no reason to make a deviation in the present case.

Patna High Court CWJC No.16900 of 2017(2) dt.23-11-2017 2/2 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 bank guarantee to the satisfaction of District Magistrate, Vaishali at Hazipur and further undertaking to produce the vehicle as and when directed by the District Magistrate, Vaishali at Hazipur 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