Prince Raj v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3331 of 2018 =========================================================== Prince Raj, S/o Roshan Kumar, Resident of Village- Choti Chak, P.S.- Gogari, District- Khagaria.
.... .... Petitioner
Versus
1. The State of Bihar through its Principal Secretary, Excise Department at Patna.
2. The Divisional Commissioner, Excise Department of Munger Division at Munger.
3. The Collector of District Khagaria at Khagaria.
4. The Superintendent of Police, Khagaria at Khagaria. .... .... Respondents =========================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar For the Respondent/s : Mr. Kumar manish- SC5 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 22-02-2018 This writ petition has been filed for release of a vehicle (Hero Maestro Scooter) bearing Registration No. BR01CE5018 which has been seized in connection with Gogari P.S. Case No. 400/2017 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
Patna High Court CWJC No.3331 of 2018 dt.22-02-2018 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, Khagaria, 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.) Rajeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.02.2018 Transmission Date NA