Reshmi Kumari v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6528 of 2018 ====================================================== Reshmi Kumari, W/o Rambabu Ray, resident of Village- Bangari, P.S.- Kanti, District- Muzaffarpur ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Excise Department, Bihar, Patna.
2. District Magistrate, Vaishali.
3. S.S.P., Vaishali.
4. S.H.O. Baligaon Police Station, Vaishali.
5. Assistant Sub- Inspector (I.O.), Baligon Police Station, Vaishali ... Respondents ====================================================== Appearance :
For the Petitioner :
Mr. Sunil Kumar, Adv.
For the Respondents :
Mr. Vikash Kumar, SC XI ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 11-04-2018 This writ petition has been filed for release of vehicle (Pick-Up Vans) bearing registrations no. BR-06GB-2589 and BR-06GA-4938 which has been seized in connection with Baligaon P.S. Case No. 59 of 2015 due to violation of the Bihar Prohibition and Excise Act, 2016.
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 seen 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
Patna High Court CWJC No.6528 of 2018(2) dt.11-04-2018 2/2 criminal cases, the aforesaid vehicle in question shall be released to the petitioner on his furnishing the bank guarantee to the satisfaction of the District Magistrate, Vaishali at Hajipur, within a period of one week from the date of his 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 off.
(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Shamshad/- U