Navin Kumar @ Navin Sahni v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2848 of 2018 ====================================================== Navin Kumar @ Navin Sahni, S/o Raju Sahni, R/o Mohalla- Hathsarganj, P.S.- Hajipur Town, District- Vaishali.

... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Excise Department, New Secretariat, Patna.

2. The District Magistrate-cum-Collector, Vaishali.

3. The Superintendent of Police, Vaishali.

4. The Excise Superintendent Officer, Vaishali.

5. The Station House Officer, PS Hajipur Town, District Vaishali.

6. The Investigating Officer PS Case No. 521/2017 of Hajipur Town, DistrictVaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Advocate Mr. Chandra Kant, Advocate For the Respondent/s :

Mr. A.K. Sinha- GA1 Ms. Aditi Hansaria, A.C. to G.A. 1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 16-02-2018 This writ petition has been filed for release of a vehicle (HYUNDAI ACCENT) bearing Registration No. DL

Patna High Court CWJC No.2848 of 2018 dt.16-02-2018 2/3 2CW 5823, which has been seized in connection with Hajipur Town P.S. Case No. 521/2017 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 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, Vaishali 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.

Patna High Court CWJC No.2848 of 2018 dt.16-02-2018 3/3 With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) P.K.P./- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 19.02.2018 Transmission Date