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Patna High CourtCWJC/14866/2018disposed

Ram Ayodhya Bin v. The State Of Bihar And ORS

2018-08-01Mr. Justice Rajeev Ranjan Prasad,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14866 of 2018 ====================================================== Ram Ayodhya Bin, Son of Surat Bin, Resident of Village- Chaukhara, P.O.- Chatra, P.S.- Kopa, District- Saran at Chapra. ... ... Petitioner/s

Versus

1. The State of Bihar through the Collector, Saran at Chapra.

2. The Collector, Saran, Chapra.

3. The Sperintendent of Police, Saran, Chapra.

4. The Senior Dy. Collector, Saran, Chapra.

5. The Assistant Excise Commissioner, Saran, Chapra.

6. The Excise Superintendent Saran, Chapra.

7. The Station House Officer, Kopa Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tej Pratap Singh, Advocate For the Respondent/s :

Mr. Lalit Kishore - AG ====================================================== 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 (Motorcycle) bearing Registration No. BR-31AA-1967, which has been seized in connection with Kopa P.S. Case No. 117 of 2018 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.14866 of 2018(2) dt.01-08-2018 2/2 and/or criminal case, the vehicle in question shall be released to the petitioner on the petitioner furnishing two surety bonds to the satisfaction of District Magistrate-cum-Collector, Saran, Chapra 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 assessed as per the valuation of the vehicle shown in the insurance papers. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) K.C.Jha/Uma/- U