Krishna Nandan Prasad Gupta v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13426 of 2018 ====================================================== Krishna Nandan Prasad Gupta, son of Late Hare Narayan Gupta @ Hari Narayan Saw, resident of Village- Kazi Bazar, Hilsa, P.S. Hilsa, District Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Excise, Bihar, Patna.
2. The District Magistrate, Nalanda at Biharsharif.
3. The Superintendent of Police, Nalanda at Bihar Sharif.
4. The Police Inspector cum S.H.O. Hilsa Police Station. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Sinha, Adv.
For the Respondent/s :
Mr. Vikash Kumar -Sc11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 16-07-2018 This writ petition has been filed for release of Auto (Tempo), bearing registration no. BR-01-7928, which has been seized in connection with Hilsa P.S. Case No. 261 of 2018 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.13426 of 2018(2) dt.16-07-2018 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, Nalanda at Biharsharif, 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. The valuation of the vehicle shall be done as per the valuation shown in the insurance papers.
With the aforesaid, the writ petition stands allowed and disposed off.
(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Shamshad/- U