Uma Nath Singh @ Uma Nath Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.522 of 2018 ====================================================== Uma Nath Singh @ Uma Nath Yadav, son of Triloki Nathi Singh, Resident of Pothahi Pothi, Police Station- Punpun, District- Patna ... ... Petitioner/s

Versus

1. The State Of Bihar through Principal Secretary, Excise Department, Government of Bihar, Patna

2. The Collector, Patna

3. The Sub Divisional Magistrate, Punpun, District- Patna

4. The Officer-in-charge of Punpun police Station, District-Patna

5. The Investigating Officer of Punpun Police Station Case No. 419 of 2017, Police Station- Punpun, District- Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Pathak For the Respondent/s :

Mr. KUMAR MANISH- SC5 ====================================================== 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 (Scorpio-S-2 Jeep Diesel) bearing Registration No. BR 01 PH 6607 which has been seized for violation of the provisions of the Bihar Prohibition and Excise Act, 2016 in connection with Punpun P.S. Case No. 419 of 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 confiscation and criminal proceedings, the vehicle in question,

Patna High Court CWJC No.522 of 2018(2) dt.11-01-2018 2/2 shall be released to the petitioner on his furnishing two sureties to the satisfaction of the District Magistrate, Patna within one week from the date of furnishing the sureties, 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