Md. Firoz Alam @ Firoz Alam v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8044 of 2018 ====================================================== Md. Firoz Alam @ Firoz Alam, Son of Abdul Majid, Resident of VillageHaripur, Hanuman Nagar, P.S.- Raghopur, District- Supaul. ... ... Petitioner/s

Versus

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

2. The District Magistrate, Supaul.

3. The Superintendent of Police, Supaul.

4. The Station House Officer, Chhatapur Police Station, District- Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrit Abhijat, Advocate For the Respondent/s :

Mr. Vikash Kumar -SC 11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 30-04-2018 Learned Counsel for the petitioner is permitted to make necessary correction with regard to the vehicle in question.

This writ petition has been filed for release of a vehicle (Glamour Hero Motorcycle) bearing Registration No. Regn. No.BR-50H-7935, which has been seized in connection with Chhatapur P.S. Case No. 428 of 2017 due to violation of the provisions of the Excise Act.

It is common ground that in various cases, identical in nature, pending finalization of the confiscation/excise/criminal proceedings, vehicles have been directed to be released by this Court on various conditions and

Patna High Court CWJC No.8044 of 2018(2) dt.30-04-2018 2/2 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/excise proceedings and/or criminal case, the vehicle in question shall be released to the petitioner on the petitioner furnishing the bank guarantee to the satisfaction of District Magistrate-cum-Collector, Supaul 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 during the pendency of the confiscation/excise proceedings and/or criminal case so as to create third party rights or prejudice the rights of the State in the pending proceedings.

The vehicle in question be released within one week from the date of furnishing the bank guarantee. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) ( Sanjay Kumar, J) K.C.Jha/- U