Ramesh Singh @ Ramesh Kumar Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19291 of 2017 ====================================================== Ramesh Singh @ Ramesh Kumar Singh Son of late Nand Kishore Singh Permanent Resident of Village- Varvadih, P.S. Pipra, District Palamu, Jharkhand, and also resident of Veer Kuwar Singh Nagar, New Area, P.S. Aurangabad, District- Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Excise Commissioner, Govt. of Bihar, Patna.
2. The District Magistrate, Aurangabad, District Aurangabad
3. The Superintendent of Police, Aurangabad, District Aurangabad.
4. The Excise superintendent Aurangabad, District Aurangabad.
5. The Station House officer, P.S. Rishiyap, District Aurangabad. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Niraj Kumar, Advocate 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) 09-01-2018 This writ petition has been filed for release of a vehicle (Tempo) bearing Registration No. BR 26F 0134 which has been seized for violation of the provisions of the Bihar Prohibition and Excise Act, 2016 in connection with Rishiyap P.S. Case No. 82 of 2017.
It is common ground that in various cases, similar petitions have been allowed and pending finalization of the confiscation proceedings, seized vehicle has been directed to be released. Keeping in view the aforesaid, pending finalization of the confiscation and criminal proceedings, the vehicle in question,
Patna High Court CWJC No.19291 of 2017(2) dt.09-01-2018 2/2 shall be released to the petitioner on his furnishing two sureties to the satisfaction of the District Magistrate, Aurangabad within one week from the date of furnishing the sureties, subject to the condition that the petitioner shall make available the vehicle in question before the authority concerned as and when directed and further that he shall undertake not to alienate the vehicle or deal with it in any manner whatsoever during the pendency of the confiscation proceedings so as to cause adverse effect or prejudice to the State Government.
With the aforesaid, the petition stands disposed of. (Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) spandey/- U