Jukhani Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16756 of 2017 ===========================================================

1. Jukhani Devi, Wife of Late Indrashan Yadav, Resident of Village Gudra, P.S. Majhaulia, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Department of Excise and Prohibition, Govt. of Bihar, Patna.

2. The District Magistrate, West Champaran Bettiah.

3. The Senior Superintendent of Police, W. Champaran Bettiah.

4. The Officer-in-Charge of Bairiya Police Station, W. Champaran. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Respondent/s : Mr. VIVEK PRASAD - GP -7 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 22-11-2017 This writ petition has been filed for release of a vehicle Maruti Alto Car bearing Registration No. BR-06AK-4253, which has been seized in connection with Bariyia P.S. Case No. 39/2017 due to violation of the Excise Act. 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 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.16756 of 2017 dt.22-11-2017 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, West Champaran, Bettiah and further undertaking to produce the vehicle as and when directed by the District Magistrate, West Champarna, Bettiah 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) KKSINHA/- AFR/NAFR NAFR CAV DATE NA Uploading Date27.11.2017 Transmission Date NA