Prem Kumar Yadav v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13063 of 2018 ====================================================== Prem Kumar Yadav, Son of Dularchan Yadav @ Dular Chand Yadav, Resident of Kurha, Police Station- Sahebpur Kamal District- Begusarai. ... ... Petitioner/s
Versus
1. The State of Bihar thorugh the Principal Secretary, Registration Excis and Prohibition Department, Government of Bihar, Patna.
2. The Collector, Begusarai.
3. The Superintendent of Police, Begusarai.
4. The S.H.O. S. Kamal Police Station District- Begusarai. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate 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) 30-07-2018 This writ petition has been filed for release of a vehicle (Hero fin Crop) bearing Registration No. BR09W-4133, which has been seized in connection with S. Kamal P. S. Case No. 226 of 2017 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 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
Patna High Court CWJC No.13063 of 2018(2) dt.30-07-2018 2/2 be released to the petitioner on the petitioner furnishing two surety bonds to the satisfaction of District Magistrate-cumCollector, Begusarai 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. Valuation of the vehicle shall be done as per insurance document. With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) avin/- U T