Sunita Topo v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2258 of 2018 ====================================================== Sunita Topo, Wife of Ravi Mikal, R/o 25 Ward No. 1, Masjid Saheb Tola, Dodusahiya Padari (Banuchhapar) Ganouli, P.S.- Bettiah Mufasil, DistrictWest Champaran. ... ... Petitioner/s

Versus

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

2. The Principal Secretary, Prohibition Excise Registration Department, Government of Bihar, Patna.

3. The Commissioner, Prohibition Excise Registration Department, Government of Bihar, Patna.

4. The Collector, West Champaran at Bettiah.

5. The Collector, Vaishali at Hajipur.

6. The Superintendent of Police, West Champaran at Bettiah.

7. The Superintendent of Police, Vaishali at Hajipur.

8. The District Transport Officer, West Champaran at Bettiah.

9. The Superintendent of Excise, Vaishali at Hajipur.

10. The Motor Vehicle Inspector, Vaishali at Hajipur.

11. The Sub Divisional Officer, Sadar, Vaishali at Hajipur.

12. The Officer-in-charge, P.S. Sarai, Dhaka, Vaishali at Hajipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar No.1, Advocate Mr. Ramakant Yadav, Advocate For the Respondent/s :

Mr. Anil Kr.Sinha-GA 1 Ms. Aditi hansaria, AC to GA 1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 12-02-2018 This writ petition has been filed for release of a vehicle (White Colour Swift Dezire of Maruti Suzuki) bearing Registration No. BR 22J-4711, which has been seized in connection with Sarai P.S. Case No. 155 of 2017 due to violation of the Bihar Prohibition and Excise Act, 2016. It is common ground that in various cases, identical in

Patna High Court CWJC No.2258 of 2018(2) dt.12-02-2018 2/2 nature, pending finalization of the confiscation proceedings and criminal case, 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 criminal case, the aforesaid vehicle in question shall be released to the petitioner on her furnishing two sureties to the satisfaction of District Magistrate, Vaishali at Hajipur, within a period of one week from the date of her furnishing the sureties 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 proceedings and criminal case so as to cause adverse effect or prejudice to the State Government.

With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Sunil/- U