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Patna High CourtCWJC/10894/2018disposed

Upendra Mahto v. The State Of Bihar And ORS

2018-07-09Mr. Justice Rajeev Ranjan Prasad,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10894 of 2018 ====================================================== Upendra Mahto, son of Harishchandra Mahto, resident of village Mohanpur, P.S. & District Sitamarhi ... Petitioner

Versus

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

2. The District Magistrate, Sitamarhi

3. The Superintendent of Police, Sitamarhi

4. The Superintendent of Excise, Sitamarhi

5. Shiv Shankar, Prasad, S.I., Dumra, P.S., district Sitamarhi ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Hans Lal Kumar, Adv.

For the Respondents :

Mr. Kumar Manish- SC V ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 09-07-2018 This writ petition has been filed for release of vehicle motorcycle bearing registration no. BR-30N-0680 which has been seized in connection with Dumra P.S. Case No. 210 of 2017 due to violation of the Bihar Prohibition and Excise Act, 2016.

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 seen 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

Patna High Court CWJC No.10894 of 2018(2) dt.09-07-2018 2/2 criminal cases, the aforesaid vehicle in question shall be released to the petitioner on his furnishing the two sureties to the satisfaction of the District Magistrate, Sitamarhi, within a period of one week from the date of his furnishing the sureties 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 during the pendency of the confiscation proceedings and criminal case so as to cause adverse effect or prejudice to the State Government. With the aforesaid, the writ petition stands allowed and disposed off.

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