Nawlesh Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 3732 of 2018 ====================================================== Nawlesh Singh, Son of Surendra Singh, Resident of Village- Gaura, P.S.- Madanpur, District- Aurangabad.

... ... Petitioner/s

Versus

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

2. The District Magistrate, Gaya.

3. The Senior Superintendent of Police, Gaya

4. The Officer- In- Charge, Barachatti Police Station, District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Singh Advocate For the Respondent/s :

Mr. Kumar Manish SC5 Mr. Madan Mohan AC to SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 27-02-2018 This writ application has been filed for release of a vehicle in question (Maruti Swift VXI Car), bearing Registration No. JH02B-4231, which has been seized in connection with Barachatti P.S. Case No. 445 of 2017 due to violation of the Excise Act. The confiscation proceedings are pending and the prayer made in the writ application 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

Patna High Court CWJC No.3732 of 2018(2) dt.27-02-2018 2/2 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.

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 Bank guarantee to the satisfaction of the District Magistrate, Gaya and further undertaking to produce the vehicle as and when directed by the District Magistrate, Gaya and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case.

With the aforesaid observation, the writ application stands disposed off.

(Ajay Kumar Tripathi, J) ( Rajeev Ranjan Prasad, J) skm/- U