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Patna High CourtCWJC/20309/2016disposed

Vikram Kumar v. The State Of Bihar And ORS

2017-02-14Mr. Justice Sudhir Singh,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20309 of 2016 ====================================================== Vikram Kumar .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghunandan Kumar Singh, Advocate Mr. Sudhir Kumar Thakur, Advocate Mr. Upadhyay Saurabh Kumar, Advocate Ms. Jagriti Kumari, Advocate For the Respondent/s : Mr. Lalit Kishore(PAAG1) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 14-02-2017 The petitioner has invoked the writ jurisdiction of this Court for release of Car (Swift) bearing registration No. BR-01 BV-3886 seized by the Bihar police in connection with case No.78 of 2016 registered under Section 47 and 53(K) of the Bihar Excise (Amendment) Act, 2016, since confiscated by the learned District Magistrate-cum-Collector, Nawadah.

The questions in respect to confiscation of vehicle by the concerned authorities have been referred to the Larger Bench in L.P.A. No. 1647 of 2015. Since the very issue is pending consideration before the Larger Bench, we deem it appropriate to order release of Car (Swift) bearing registration

Patna High Court CWJC No.20309 of 2016 (2) dt.14-02-207 2/2 No. BR-01 BV-3886 to the petitioner on furnishing surety bonds to the satisfaction of the District Magistrate-cumCollector, Nawada in connection with case No.78 of 2016, subject to the condition that the petitioner shall make available the vehicle in question before the authority concerned as and when required during the proceedings under the Bihar Excise Act.

List this case after the decision in L.P.A. No. 1647 of 2015.

(Hemant Gupta, ACJ.) (Sudhir Singh, J.) S.Pandey/- U