Manish Kumar v. State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7175 of 2018 =========================================================== Manish Kumar, Son of Sudama Sah, Resident of Village-Majhauliya, Police Station-Majhauliya, District-West Champaran at Bettiah .... .... Petitioner/s

Versus

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

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

3. The Superintendent of Police, West Champaran at Bettiah

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

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

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Respondent/s : Mr. VIKASH KUMAR- SC11 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 17-04-2018 This writ petition has been filed for release of a vehicle (Hero Super Splendor Motorcycle) bearing Registration No. BR-22AB3026, which has been seized in connection with Majhauliya P.S. Case No. 414 of 2017 due to violation of the Excise Act. The prayer made in the writ petition is to release the vehicle in question pending finalization of the confiscation proceedings and criminal case. 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

Patna High Court CWJC No.7175 of 2018 dt.17-04-2018 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 aforesaid criminal case, the aforesaid vehicle in question shall be released to the petitioner, on his furnishing two surety bonds to the satisfaction of District Magistrate, West Champaran at Bettiah 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 or create a third party interest during the pendency of the confiscation proceedings and criminal case or prejudice the right of the State in confiscation proceeding. The aforesaid vehicle shall be released within one week from the date of furnishing of the sureties. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) AFR/NAFR CAV DATE Uploading Date18.04.2018 Transmission Date Arvind/-