Md. Saiffullah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2841 of 2018 ====================================================== Md. Saiffullah, S/o Md. Jalaluddin, Resident of Mahavir Kumhar ki gali, P.S.- Dumraon, District- Buxar.

... ... Petitioner/s

Versus

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

2. The Excise Commissioner, Prohibition Excise and Registration Department, Government of Bihar.

3. The District Magistrate, Buxar.

4. The Superintendent of Police, Buxar.

5. The Officer in Charge, Police Station, Brahmapur, District- Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar, Advocate For the Respondent/s :

Mr. Anil Kumar Sinha -GA1 Ms. Aditi Hansaria, A.C. to G.A. 1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

Patna High Court CWJC No.2841 of 2018 dt.16-02-2018 2/3 ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 16-02-2018 This writ petition has been filed for release of a vehicle (Maruti Suzuki Alto VXI) bearing Registration No. BR44F-1038, which has been seized in connection with Brahmapur P.S. Case No. 68/2017 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 Bank Guarantee to the satisfaction of District Magistrate, Buxar and further undertaking to produce the vehicle as and when directed by the authority concerned and not to alienate or deal with the vehicle

Patna High Court CWJC No.2841 of 2018 dt.16-02-2018 3/3 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 Bank Guarantee.

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