Rajballam Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10905 of 2017 =========================================================== Rajballam Singh son of Late Ramugrah Singh resident of village - Sheikhpura, Police Station - Belaganj and District - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Registration, Excise & Prohibition Department, Government of Bihar, Patna.

2. The District Magistrate-cum-Collector, Gaya.

3. The Senior Superintendent of Police, Gaya.

4. The Officer in charge, Muffasil Police Station, District - Gaya. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2 For the Respondent/s : Mr. VIVEK PRASAD- GP7 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 03-08-2017 Having heard learned counsel for the parties and looking to the fact and circumstances of the case, pending finalization of the confiscation proceeding in Muffassil P.S. Case No. 125 of 2017, pending before the District Magistrate-cum-Collector, Gaya for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016 and keeping in view the orders passed under similar circumstances in various cases, the District Magistrate-cum-Collector, Gaya is directed to release the Scorpio vehicle of the petitioner bearing Registration No. BR- 02X - 9629 on his furnishing two surety bonds to the satisfaction of the District Magistrate-cum-Collector,

Patna High Court CWJC No.10905 of 2017 dt.03-08-2017 2/2 Gaya in Muffassil P.S. Case No. 125 of 2017, subject to the condition that the petitioner shall make available the vehicle in question before the authority concerned as and when directed and further that he shall undertake not to alienate the vehicle or deal with it in any manner whatsoever during the pendency of the confiscation proceedings before the District Magistrate.

On the petitioner fulfilling the aforesaid conditions, the vehicle in question be released to the petitioner pending finalization of the confiscation proceedings. With the aforesaid, the petition stands disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08/08/2017 Transmission Date NA