Manoj Mandal @ Manoj Kumar Mandal v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15009 of 2018 ====================================================== Manoj Mandal @ Manoj Kumar Mandal Son of Shambhu Mandal resident of Village - Belarahi, P.O. and P.S. Jhanjharpur, District Madhubani. ... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Excise Department, Govt. of Bihar, Old Secretariat, Patna.
2. The District Magistrate, Madhubani.
3. The Superintendent of Police, Madhubani.
4. The S.H.O. Police Station, Rudrapur, Madhubani. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagan Deo Yadav, Advocate For the Respondent/s :
Mr. Vivek Prasad -GP-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 01-08-2018 This writ petition has been filed for release of a vehicle (Tempo) bearing Registration No. BR-07H6788, which has been seized in connection with Rudrapur P.S. Case No. 75 of 2017 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 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 proceedings and criminal case, the aforesaid vehicle in question shall be released
Patna High Court CWJC No.15009 of 2018(2) dt.01-08-2018 2/2 to the petitioner on his furnishing the bank guarantee to the satisfaction of District Magistrate, Madhubani, within a period of one week from the date of his furnishing the bank guarantee 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 in question shall be done as per the valuation shown in the insurance document. With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Sunil/- U