Pintu Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2722 of 2018 ====================================================== Pintu Kumar, Son of Anandi Yadav, R/o Chetabigha, P.S.- Akbarpur, DistrictNawada. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The State of Bihar through its Principal Secretary, Excise Department, Patna.

3. The Divisional Commissioner, Excise Department, Patna Division, Patna.

4. The District Collector, Nawada.

5. The Superintendent of Police, Nawada.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Respondent/s :

Mr. Vikash Kumar- SC11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Patna High Court CWJC No.2722 of 2018 dt.16-02-2018 2/3 Date : 16-02-2018 This writ petition has been filed for release of a vehicle (Motorcycle) bearing Registration No. BR 27A-6151, which has been seized in connection with Govindpur P.S. Case No. 84/2016 due to violation of the Excise Act. The prayer made in the writ petition is to release the vehicle in question pending finalization of Excise Confiscation Case No. 146M/2016 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 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, Nawada 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

Patna High Court CWJC No.2722 of 2018 dt.16-02-2018 3/3 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