Gurmeet Kaur @ Gurmeet v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11534 of 2018 ====================================================== Gurmeet Kaur @ Gurmeet, Wife of Parvinder Singh @ Parvinder Mohan Singh, resident of Plot No. 7, Katarpuri Road, Opp Maruti Gate No 2, Gurgaon, Haryana, at present residing at J- 46, Third Floor, J- Block Vikas Puri, P.S.- Vikas Puri, West Delhi.

.... .... Petitioner/s

Versus

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

2. The Excise Commissioner, Bihar, Patna.

3. The District Magistrate, Supaul.

4. The Superintendent of Police, Supaul.

5. The Superintendent of Excise, Supaul.

6. The Officer in Charge, Bhaptiyahi Police Station, Bhaptiyahi, DistrictSupaul. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Jha, Advocate For the Respondent/s : Mr. Vivek Prasad- GP7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 26-06-2018 This writ petition has been filed for release of a vehicle ( Truck ) bearing Registration No. HR-55T-7037, which has been seized in connection with Bhaptiyahi P.S. Case No. 25 of 2018 due to violation of the provisions of the Excise Act. It is common ground that in various cases, identical in nature, pending finalization of the confiscation/excise/criminal proceedings, vehicles have been directed to be released by this Court on various conditions and we see no reason to make a

Patna High Court CWJC No.11534 of 2018 (2) dt.26-06-2018 2/2 deviation in the present case.

Keeping in view the aforesaid, it is directed that pending finalization of the confiscation/excise proceedings and/or criminal case, the vehicle in question shall be released to the petitioner on the petitioner furnishing two surety bonds to the satisfaction of District Magistrate-cum-Collector, Supaul 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/excise proceedings and/or criminal case so as to create third party rights or prejudice the rights of the State in the pending proceedings. The vehicle in question be released within one week from the date of furnishing the surety bonds. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) K.C.jha/- U