Anil Kumar @ Pintu Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.412 of 2018 ====================================================== Anil Kumar @ Pintu Kumar S/o Late Ram Snehi Singh Resident of Village - Kosara, P.S. - Sheikhpura, District - Sheikhpura at present resident of East Ashok Nagar, P.S. Kankarbagh, District Patna. ... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Excise, Government of Bihar, Patna.
2. Principal Secretary, Department of Excise, Government of Bihar, Patna.
3. The Collector, Jamui.
4. Superintendent of Police, Jamui.
5. Station House Officer (SHO) Chandramandi Police Station, Jamui. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Parmanand Pd. Nr. Sahi For the Respondent/s :
Mr. VIKASH KUMAR- SC11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 11-01-2018 This writ petition has been filed for release of a vehicle (Tavera Car) bearing Registration No. BR 01PD 6218 which has been seized for violation of the provisions of the Bihar Prohibition and Excise Act, 2016 in connection with Chadramandi P.S. Case No. 50 of 2017 (Confiscation Case No. 47/2017).
It is common ground that in various cases, similar petitions have been allowed and pending finalization of the confiscation proceedings, seized vehicle has been directed to be released. Keeping in view the aforesaid, pending finalization of the
Patna High Court CWJC No.412 of 2018(2) dt.11-01-2018 2/2 confiscation and criminal proceedings, the vehicle in question, shall be released to the petitioner on his furnishing adequate Bank Guarantee to the satisfaction of the District Magistrate, Jamui within one week from the date of furnishing the Bank Guarantee, subject to the condition that the petitioner shall make available the vehicle in question before the authority concerned as and when directed and further that he shall undertake not to alienate the vehicle or deal with it in any manner whatsoever during the pendency of the confiscation proceedings so as to cause adverse effect or prejudice to the State Government. With the aforesaid, the petition stands disposed of. (Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) spandey/- U