Virendra Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12026 of 2018 ====================================================== Virendra Kumar, Son of Rajendra Prasad, Resident of village- Khemaipatti, P.S. Minapur, District- Muzaffarpur ... ... Petitioner/s
Versus
1.The State of Bihar through the Principal Secretary, Excise Department, Bihar, Patna.
2.The District Magistrate Muzaffarpur, District, Muzaffarpur. 3.The Superintendent of Police Muzaffarpur, District- Muzaffarpur 4.S.H.O of Minapur Police Station District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Advocate For the Respondent/s :
Mr. Kumar Manish- SC5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 28-06-2018 This writ petition has been filed for release of a vehicle (Apache RTR Motorcycle) bearing Registration No. BR-06AY 4663, which has been seized in connection with Minapur P.S. Case No. 168 of 2018 due to violation of the provisions of the Excise Act.
It is common ground that in various cases, identical in nature, pending finalization of the confiscation/excise/criminal 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.
Keeping in view the aforesaid, it is directed that
Patna High Court CWJC No.12026 of 2018(2) dt.28-06-2018 2/2 pending finalization of the confiscation/excise proceedings and/or criminal case, the vehicle in question shall be released to the petitioner on the petitioner furnishing two surety bonds to the satisfaction of District Magistrate-cum-Collector, Muzaffarpur 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/excise proceedings and/or criminal case so as to create third party rights or prejudice the rights of the State in the pending proceedings.
The vehicle in question be released within one week from the date of furnishing the surety bonds. With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) P.K.P./R.S.SenU