Tanvir v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2817 of 2018 ====================================================== Tanvir, son of Gul Mohd, resident of Village: B - 28, Shiv Park, P.O. Khanpur, P.S. : South Delhi, District : Delhi, Delhi. .... .... Petitioner/s

Versus

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

2. The Excise Commissioner, Bihar, Patna.

3. The District Magistrate, Araria.

4. The Superintendent of Police, Araria.

5. The Superintendent of Excise, Araria.

6. The Officer in Charge, Araria Police Station, District Araria. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate Mr. Kashyap Kaushal, Advocate For the Respondent/s : Mr. A.K. Sinha- GA1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 23-02-2018 This writ petition has been filed for release of a vehicle in question (Toyota Innova) bearing Registration No. HR 46C - 1110, which has been seized in connection with Araria P.S. Case No. 857 of 2017, due to violation of the Excise Act. The confiscation proceedings are pending and 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

Patna High Court CWJC No.2817 of 2018 (2) dt.23-02-2018 2/2 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, Araria, within a period of one week from the date of furnishing the sureties, and further undertaking to produce the vehicle as and when directed by the District Magistrate, Araria and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case.

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

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Uday/- U