Sanjay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.638 of 2018 ====================================================== Sanjay Kumar, Son of Late Gopal Sah, Resident of Mohalla- Lal Bazar Bettiah, Police Station- Bettiah Town, District- West Champaran at Bettiah. ... ... Petitioner/s

Versus

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

2. The District Magistrate-cum-Confiscation Officer, West Champaran at Bettiah. null null

3. The Superintendent of Police, West Champaran at Bettiah. null null

4. The Station House Officer, Balthar Police Station, District- West Champaran at Bettiah.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghunandan Kumar Singh For the Respondent/s :

Mr. ANIL KUMAR SINHA -GA1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 15-01-2018 This writ petition has been filed for release of a vehicle (Scorpio Jeep) bearing Registration No. BR- 22P-4953, which has been seized in connection with Balthar P.S. Case No. 68 of 2017 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 see no reason to make a deviation in the present case.

Patna High Court CWJC No.638 of 2018(2) dt.15-01-2018 2/2 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 his furnishing the bank guarantee to the satisfaction of District Magistrate, West Champaran at Bettiah within a period of one week from the date of his furnishing the bank guarantee 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) ( Anil Kumar Upadhyay, J) Sunil/- U