Manish Kumar Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2604 of 2018 ====================================================== Manish Kumar Singh S/o Late Ganga Sagar Singh R/o Village - Pipra, P.S. - Mairwa, District - Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.
2. The District Magistrate-cum-Collector, Siwan.
3. The Excise Commissioner, Bihar, Patna.
4. The Superintendent of Excise, Siwan.
5. The Superintendent of Police, Siwan.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satyendra Rai, Advocate For the Respondent/s :
Mr. VIVEK PRASAD -GP7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 13-02-2018 This writ petition has been filed for release of a vehicle (Splendor Plus Hero Motorcycle) bearing Chasis No. MBLHA10CGGHL85886 and Engine No. HA10ERGHL82322, which has been seized in connection with Siwan Muffasil
Patna High Court CWJC No.2604 of 2018 dt.13-02-2018 2/3 (Dhanauti O.P.) P.S. Case No. 173/2017 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 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, Siwan 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
Patna High Court CWJC No.2604 of 2018 dt.13-02-2018 3/3 and disposed of.
(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) P.K.P./- AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 15.02.2018 Transmission Date