Patna High CourtCWJC/17073/2017disposed

Pramod Kumar Yadav 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.17073 of 2017 ====================================================== Pramod Kumar Yadav S/o Dukhan Yadav, Brahmpura P.S. Ghoghardiha District-Madhubani ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Prohibition Excise & Registration Department, Government of Bihar, Patna

3. The Excise Commissioner, Prohibition, Excise & Registration Department of Bihar, Patna.

4. The Collector Madhubani.

5. The District Transport Officer, Madhubani.

6. The Excise Superintendent, Madhubani.

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

For the Petitioner/s :

Mr. Manish Kumar No 13, Adv.

Mr. Jitendra KumarBharti, Adv.

Mr. Rohit Kumar, 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 (Bajaj Tempo ) bearing Registration No. BR 32K-6494, which has been seized in connection with Phulparas P.S. Case No. 125/2017 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

Patna High Court CWJC No.17073 of 2017(2) dt.24-11-2017 2/2 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.

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, Madhubani and further undertaking to produce the vehicle as and when directed by the District Magistrate, Madhubani 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