Chandan Sharma @ Chandan Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10927 of 2018 ====================================================== Chandan Sharma @ Chandan Kumar, son of Suresh Sharma, resident of Shakurabad, P.S. Parasbigha, District- Jehanabad. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Excise Commissioner, State of Bihar, Patna.

3. Additional Commissioner, Excise, State of Bihar, Patna.

4. Excise Superintendent, District- Jehanabad.

5. Excise Deputy Superintendent, Jehanabad.

6. Sub- Inspector Excise, Jehanabad.

7. District Magistrate, Jehanabad.

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

For the Petitioner/s :

Mr. Ajay Kr Singh No.1, Advocate For the Respondent/s :

Mr. Kumar Manish- SC5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-06-2018 This writ petition has been filed for release of a vehicle (Alto Car) bearing Registration No. BR- 02AD-6054, which has been seized in connection with Jehanabad P.S. Case No.631 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 see no reason to make a deviation in the present case.

Keeping in view the aforesaid, it is directed that pending

Patna High Court CWJC No.10927 of 2018(2) dt.20-06-2018 2/2 finalization of the confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing the bank guarantee to the satisfaction of District Magistrate, Jehanabad within a period of one week from the date of his furnishing the bank guarantee 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 of.

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