Om Prakash Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8225 of 2018 ======================================================

1. Om Prakash Kumar, Son of Madan Sah, Resident of Village- Jamua, P.S.- Dhaka, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Department of Excise and Prohibition, Government of Bihar, Old Secretariat, Patna.

2. The District Magistrate, Motihari, East Champaran.

3. The Superintendent of Police, Motihari, East Champaran.

4. The Superintendent of Excise, Motihari, East Champaran.

5. The Officer-in- Charge, Excise Motihari, East Champaran. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajive Ranjan Singh For the Respondent/s : Mr. Vivek Prasad- Gp7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 17-05-2018 This writ petition has been filed for release of a vehicle (Motorcycle) bearing Registration No. DHY-RHH-51702, which has been seized in connection with Excise Case No. 34 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 we see no reason to make a deviation in the present case.

Keeping in view the aforesaid, it is directed that

Patna High Court CWJC No.8225 of 2018 (2) dt.17-05-2018 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 two surety bonds to the satisfaction of District Magistrate-cum-Collector, East Champaran, Motihari 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 surety bonds. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) A.K.V./- U