Lalita Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4278 of 2018 ====================================================== Lalita Devi, Wife of Shree Babulal Singh, Resident of Village-Baluwa, PostKamarpur, P.S.-Muffasil, Buxar, Chausa, District-Buxar. ... ... Petitioner/s

Versus

1. The State of BIhar through Principle Secretary, Excise Department, Govt. of Bihar, Patna.

2. The District Collector, Buxar.

3. The Supretendent of Police District-Buxar.

4. The District transport Officer Buxar.

5. The Police Station Incharge, Koran Sarai, District-Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kumar Singh, 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) 19-06-2018 This writ petition has been filed for release of a vehicle (Pick-up van) bearing Registration No. BR-03K 9459, which has been seized in connection with Koransarai P.S. Case No. 10 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.

Patna High Court CWJC No.4278 of 2018(4) dt.19-06-2018 2/2 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 be released to the petitioner on the petitioner furnishing the bank guarantee to the satisfaction of District Magistrate-cum-Collector, Buxar 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 bank guarantee. With the aforesaid, the writ petition stands allowed and disposed of.

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