Kanhaiya Prasad Chouhan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5708 of 2018 =========================================================== Kanhaiya Prasad Chouhan, son of Dwarika Chouhan, Resident of Village-Nawada, Police Station-Dandkhora, District-Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Home, Government of Bihar, Patna.

2. The Principal Secretary, Excise Department, Government of Bihar, Patna.

3. The Director General of Police, Bihar, Patna.

4. The District Magistrate, Katihar.

5. The Superintendent of Police, Katihar.

6. The Station House Officer, Katihar.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Raghvendra Kumar Singh For the Respondent/s : Mr. ANIL KR.SINHA-GA1 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 04-04-2018 This writ petition has been filed for release of a vehicle (Bajaj Discover 100CCES Motorcycle) bearing Registration No. BR-39P4829, which has been seized in connection with Katihar Muffasil P.S. Case No. 260 of 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.5708 of 2018 dt.04-04-2018 Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and aforesaid 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, Katihar 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 or create a third party interest during the pendency of the confiscation proceedings and criminal case or prejudice the right of the State in confiscation proceeding. The aforesaid vehicle shall be released within one week from the date of furnishing of the sureties.

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

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Arvind/- AFR/NAFR CAV DATE Uploading Date07.04.2018 Transmission Date