Shivkaliya Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11649 of 2018 ====================================================== Shivkaliya Devi, Wife of Shivmangal Mahto, Resident of Ward No.10, Tola Ramji Dubey, Police Station- Dhaka, District- East Champaran. ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise, Prohibition & Registration Department, Government of Bihar, Patna.
2. The Collector-cum-District Magistrate, Sitamarhi.
3. The Superintendent of Police, Sitamarhi, District- Sitamarhi.
4. The Superintendent of Excise Department, District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Kumar, Advocate For the Respondent/s :
Mr. Vivek Prasad- GP-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 04-07-2018 This writ petition has been filed for release of a vehicle (Glamour Hero Motorcycle) bearing Chassis No.MBLJAR024HGL57465 which has been seized in connection with Sitamarhi Case No. C2-219/2018 due to violation of the Bihar Prohibition and Excise Act, 2016. 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
Patna High Court CWJC No.11649 of 2018(2) dt.04-07-2018 2/2 finalization of the confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing two sureties to the satisfaction of District Magistrate, Sitamarhi within a period of one week from the date of his furnishing the sureties 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 proceedings and criminal case so as to cause adverse effect or prejudice to the State Government.
With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Sunil/- U