Shivam Kumar Chaudhary @ Shivan Chaudhary @ Raman Kumar Chaudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2060 of 2017 ===========================================================

1. Shivam Kumar Chaudhary @ Shivan Chaudhary @ Raman Kumar Chaudhary, son of Sri Subodh Kumar Chaudhary, resident of Village- Pali Uttarbari Tola, P.S.- Benipatti, District- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar represented through the Secretarty, Department of Excise and Prohibition, Govt. of Bihar, Patna.

2. The District Magistrate, Madhubani.

3. The Superintendent of Police, Madhubani.

4. Officer in Charge, Benipatti Police Station, District- Madhubani. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Roy, Advocate Mr. Gopal Jha, Advocate Mr. Shreepal Jha, Advocate For the Respondent/s : Mr. Bishwa Bibhuti Kr. Singh, AC to PAAG-1 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 10-05-2017 Petitioner has filed this writ petition and seeks a mandamus for release of vehicle Maruti Suzuki Swift Dzire having temporary Regn. No. B.H.R. 31B-9960, which has been seized and is under consideration in Confiscation Case No.480 of 2016 pending before the District Magistrate, Madhubani.

Under similar circumstances, directing for release of vehicle subject to finalization of the confiscation proceedings, there is an order passed in C.W.J.C. 5361 of 2017 on 2.5.2017. We, accordingly, allow this petition.

Patna High Court CWJC No.2060 of 2017 dt.10-05-2017 2/2 It is directed that pending finalization of Confiscation Case No. 480 of 2016 pending before the District Magistrate, Madhubani, the vehicle in question shall be released to the petitioner on his furnishing two surety bonds to the satisfaction of the District Magistrate, Madhubani and further undertaking to produce the vehicle as and when directed by the District Magistrate, Madhubani and not to alienate the vehicle during the pendency of the confiscation proceedings or the criminal proceedings. With the aforesaid, the petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Sudhir Singh, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 16.5.2017 Transmission Date N/A