Atul @ Atul Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7212 of 2018 ====================================================== Atul @ Atul Kumar Son of Satendra Narayan Singh Resident of Village - Fakharpur, P.S. - Arwa, District - Arwal, At present C/o Mr. Mrgendra Kumar, Near Mont Fort School Hatia, Gonga Jhiga Toli, Ranchi (Jharkhand).

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Home Department, Government of Bihar, Patna.

2. The District Magistrate, Bhojpur at Ara.

3. The Superintendent of Police, Bhojpur at Ara.

4. The Deputy Superintendent of Police, Ara, Bhojpur.

5. The Superintendent of Excise, Bhojpur at Ara.

6. The Station House Officer, Sahpur (Karnampur), Bhojpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Respondent/s : Mr. Anil Kumar Sinha -GA1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-04-2018 This writ petition has been filed for release of a vehicle ( Motorcycle Passion Pro ) bearing Registration No. JH01BU 0862, which has been seized in connection with Shahpur (Karnampur) P.S. Case No.221 of 2017 due to violation of the provisions of the Excise Act.

It is common ground that in various cases, identical in nature, pending finalization of the confiscation/excise/criminal proceedings, vehicles have been directed to be released by this

Patna High Court CWJC No.7212 of 2018 (2) dt.19-04-2018 2/2 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 finalization of the confiscation/excise proceedings and/or criminal case, the vehicle in question shall be released to the petitioner on the petitioner furnishing Bank Guarantee to the satisfaction of District Magistrate-cum-Collector, Bhojpur at Ara 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/excise proceedings and/or 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 Bank Guarantee.

With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) K.C.jha/- U