Patna High CourtCWJC/355/2018disposed

Prabhat Kumar v. The State Of Bihar And ORS

2018-01-10The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.355 of 2018 ====================================================== Prabhat Kumar, S/o Late Ram Ji Prasad, R/o Village Madhpar, P.S. Ben District Nalanda.

... ... Petitioner/s

Versus

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

2. The District Magistrate, Nalanda.

3. The Superintendent of Police, Nalanda.

4. The Officer in Charge Bind Police Station Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. AMIT KUMAR JHA , Adv.

For the Respondent/s :

Mr. VIKASH KUMAR-SC11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 10-01-2018 This writ petition has been filed for release of a three wheeler vehicle (tempo) bearing Registration No. BR 21K 1233, which has been seized in connection with Bind P.S. Case No.134 of 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 in nature, pending finalization of the confiscation proceedings vehicles have been directed to be released by this Court on various

Patna High Court CWJC No.355 of 2018 dt.10-01-2018 2/2 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, Nalanda and further undertaking to produce the vehicle as and when directed by the District Magistrate, Nalanda and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case. 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) ( Anil Kumar Upadhyay, J) K.C.Jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 11.1.2018 Transmission Date