Parsuram Singh @ Parsuram Yadav v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.769 of 2018 ====================================================== Parsuram Singh @ Parsuram Yadav, S/o- Late Rupdeo Yadav, resident of village- Paharipur, P.S. Goh, District- Aurangabad ... ... Petitioner/s
Versus
The State Of Bihar & Ors ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhir Kumar Sinha, Adv.
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) 12-01-2018 This writ petition has been filed for release of a vehicle (Sumo Victa) bearing Registration No. BR 02L-8953, which has been seized in connection with Sherghati Excise P.S. Case No.367/2017 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 we see no reason to make a deviation in the present case.
Keeping in view the aforesaid, it is directed that pending
Patna High Court CWJC No.769 of 2018(2) dt.12-01-2018 2/2 finalization of the aforesaid confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing Bank Guarantee to the satisfaction of District Magistrate-cum-Collector, Gaya and further undertaking to produce the vehicle as and when directed by the District Magistrate-cum-Collector, Gaya and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case so as to create third party rights or prejudice the rights of the State in the pending proceedings.
The vehicle in question be released within one week from the date of furnishing the surety bonds. (Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U