Dheeraj Kumar Upadhyay v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6828 of 2018 =========================================================== Dheeraj Kumar Upadhyay, Son of Achal Dev Upadhyay, Resident of Chhatauni Bazar, In-front of Amrit Middle School, P.O.+ Police Station- Motihari, DistrictEast Champaran. .... .... Petitioner/s

Versus

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

2. The District Magistrate, East Champaran, Motihari.

3. The Superintendent of Police, East Champaran, Motihari.

4. The Excise Officer, East Champaran, Motihari. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dhurendra Kumar For the Respondent/s : Mr. ANIL KR.SINHA-GA1 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 17-04-2018 This writ petition has been filed for release of a vehicle (Hero Glamour Motorcycle) bearing Registration No. BR-05R-4910, which has been seized in connection with Excise Case No.146 of 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

Patna High Court CWJC No.6828 of 2018 dt.17-04-2018 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 two surety bonds to the satisfaction of District Magistrate, East Champaran, Motihari 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) Arvind/- AFR/NAFR CAV DATE Uploading Date18.04.2018 Transmission Date