Naveen Kumar Mishra @ Naveen Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18879 of 2017 ====================================================== Naveen Kumar Mishra @ Naveen Mishra, son of Sri Braj Mohan Mishra, resident of Village- Parsauni Baij, P.S. and Anchal- Piprahi, DistrictSheohar. .... .... Petitioner/s

Versus

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

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

3. The Superintendent of Police, Sheohar, District- Sheohar.

4. The Excise Superintendent, Sheohar, District- Sheohar.

5. The State Head Officer, Purnahiya Police Station, District- Sheohar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate For the Respondent/s : Mr. A.K. Sinha, GA-1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-12-2017 This writ petition has been filed for release of a vehicle in question (Hundai Eon) bearing Registration No. BR - 06AV-5864 which has been seized in connection with Purnahiya P.S. Case No. 07 of 2017 due to violation of the Excise Act. The confiscation proceedings being Confiscation Case No. 76 of 2017 are pending and the prayer made in the writ petition is to release the vehicle in question pending finalization of the confiscation proceedings and criminal case.

It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings

Patna High Court CWJC No.18879 of 2017 (2) dt.20-12-2017 2/2 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 aforesaid confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing two surety bonds to the satisfaction of District Magistrate, Sheohar within a period of one week from the date of furnishing the sureties and further undertaking to produce the vehicle as and when directed by the District Magistrate, Sheohar and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case.

With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Uday/- U