Patna High CourtCWJC/3598/2018disposed

Santosh Choudhary v. The State Of Bihar And ANR

2018-07-23The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3598 of 2018 ====================================================== Santosh Choudhary Son of Bhairo Chaudhary @ Munanad Chaudhary Resident of Village Gopalpur Police Station Maner, District- Patna. ... ... Petitioner/s

Versus

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

2. The Officer Incharge, Danapur Police Station, Danapur, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sangha Mitra GhoshAdvocate For the Respondent/s :

Mr. Anil Kumar Sinha -GA1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 23-07-2018 This writ petition has been filed for release of a vehicle (Tempo) bearing Registration No. BR01PA-9148, which has been seized in connection with Danapuar P. S. Case No. 628 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

Patna High Court CWJC No.3598 of 2018(2) dt.23-07-2018 2/2 and/or criminal case, the vehicle in question shall be released to the petitioner on the petitioner furnishing the bank guarantee to the satisfaction of District Magistrate-cum-Collector, Patna 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 valuation of the vehicle will be assessed as per the insurance documents.

The vehicle in question be released within one week from the date of furnishing the bank guarantee. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) avin/- U