Jai Prakash Chaudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3571 of 2018 ====================================================== Jai Prakash Chaudhary, Son of Maldhani Chaudhary, Resident of VillageGorsara, P.S.- Ramgarh, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

2. The Collector Cum District Magistrate, Kaimur at Bhabua.

3. The Superintendent of Police, Kaimur at Bhabua.

4. The Officer In-charge of Police Station, Ramgarh, District- Kaimur at Bhabua.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Pandey, Adv.

For the Respondent/s :

Mr. ANIL KR. SINHA- GA1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 08-03-2018 This writ petition has been filed for release of a vehicle (Motorcycle) bearing Registration No. BR 44 D-6094, which has been seized in connection with Bhabua P.S. Case No.246 of 2017 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.

Patna High Court CWJC No.3571 of 2018(2) dt.08-03-2018 2/2 Keeping in view the aforesaid, it is directed that 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, Kaimur at Bhabua 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) K.C.Jha/- U