Bhishan Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3702 of 2018 ====================================================== Bhishan Singh, son of Ram Lochan Singh, resident of -House No.500, Near State Bank of Patiyala, Daria, P.S.-Daria, District-Chandigarh, Pin-160101. ... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Department of Excise, Govt.of Bihar, Patna.
2. The District Magistrate, Siwan
3. The Superintendent of Police, Siwan
4. The Officer in Charge, Siwan Mufassil- Police Station, District -Siwan ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh For the Respondent/s :
Mr. Vikash Kumar- SC11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 26-02-2018 This writ petition has been filed for release of a vehicle (Yamaha FZ 16 ST Motor Cycle) bearing Registration No. CHO1AU5220 which has been seized due to violation of the provisions of the Bihar Prohibition and Excise Act, 2016 in connection with Siwan Mufassil P.S. Case No. 522 of 2017. It is common ground that in various cases, similar petitions have been allowed and pending finalization of the confiscation proceedings, seized vehicle has been directed to be released.
Keeping in view the aforesaid, pending finalization of
Patna High Court CWJC No.3702 of 2018(2) dt.26-02-2018 2/2 the confiscation and criminal proceedings, the vehicle in question, shall be released to the petitioner on his furnishing adequate bank guarantee to the satisfaction of the District Magistrate, Siwan within one week from the date of furnishing the bank guarantee, subject to the condition that the petitioner shall make available the vehicle in question before the authority concerned as and when directed and further that he shall undertake not to alienate the vehicle or deal with it in any manner whatsoever during the pendency of the confiscation proceedings so as to cause adverse effect or prejudice to the State Government.
With the aforesaid, the petition stands disposed of. (Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) Ravi/- U