Amar Kumar Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9597 of 2018 ====================================================== Amar Kumar Yadav, son of late Chandrika Yadav, R/o Lahaladpur Narahan, P.S.-Raghunathpur, District-Siwan.

.... .... Petitioner/s

Versus

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

2. The Principal Secretary, Excise, Government of Bihar, Patna.

3. The District Magistrate, Siwan.

4. The Superintendent of Police, Siwan.

5. The Excise Superintendent, Department of Excise, Siwan.

6. The S.H.O. of Guthani P.S., District-Siwan. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Pandey For the Respondent/s : Mr. Vikash Kumar- SC11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 16-05-2018 This writ petition has been filed for release of a vehicle (Hero Splendor Plus Motorcycle) bearing Registration No. BR29W-5748, which has been seized in connection with Guthani P.S. Case No. 252/17 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

Patna High Court CWJC No.9597 of 2018 (2) dt.16-05-2018 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, 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 Bank Guarantee. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Arvind/- U