Chandan Kumar Gupta v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11754 of 2018 ====================================================== Chandan Kumar Gupta, S/o Kamta Prasad, Resident of Village- P.S.- Kargahar, District- Rohtas at Sasaram ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Department of Excise, Bihar, Patna.
2. The Collector, Rohtas at Sasaram.
3. The Sub Divisional Officer, Rohtas at Sasaram.
4. The Officer Incharge of Kargahar Police Station, Dist- Rohtas at Sasaram ... Respondents ====================================================== Appearance :
For the Petitioner :
Mr. Manoj Kumar Pandey, Adv.
For the Respondents :
Mr. Vikash Kumar- SC XI ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 09-07-2018 This writ petition has been filed for release of vehicle Scorpio VLX Jeep bearing registration no. UP-64Q-9999 which has been seized in connection with Kargahar P.S. Case No. 277 of 2017 due to violation of the Bihar Prohibition and Excise Act, 2016.
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 seen no reason to make a deviation in the present case.
Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and
Patna High Court CWJC No.11754 of 2018(2) dt.09-07-2018 2/2 criminal cases, the aforesaid vehicle in question shall be released to the petitioner on his furnishing the bank guarantee to the satisfaction of the District Magistrate, Rohtas at Sasaram, within a period of one week from the date of his furnishing the sureties 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 during the pendency of the confiscation proceedings and criminal case so as to cause adverse effect or prejudice to the State Government. With the aforesaid, the writ petition stands allowed and disposed off.
(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Shamshad/- U