Shivji Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6806 of 2018 ===========================================================

1. Shivji Prasad Son of Shivnandan Prasad resident of Village - Chauki Hasan, P.S. G.B. Nagar, Tarwara, District Siwan.

.... .... Petitioner/s

Versus

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

2. The District Magistrate, Siwan.

3. The Station House Officer (S.H.O) G.B. Nagar, Tarwara, District - Siwan. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ramchandra Sahni For the Respondent/s : Mr. ANIL KUMAR SINHA- GA1 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 13-04-2018 This writ petition has been filed for release of a vehicle (Motorcycle Splendor Pro) bearing Registration No. BR29S-4150, Chassis No. MBLHA 10B FEHL 51845, Engine No. HA10ERE-HL 47713 which has been seized in connection with G.B. Nagar P.S. Case No. 37/2017 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.6806 of 2018 dt.13-04-2018 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 after due verification of the vehicle in question, on his furnishing two surety bonds to the satisfaction of District Magistrate, Siwan 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) Arvind/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.04.2018 Transmission Date NA