Sandip Kumar Gupta v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12059 of 2018 ====================================================== Sandip Kumar Gupta, Son of Ramchandra Prasad Gupta, Resident of Village- Ahirwatola, P.S. Raxaul, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Department of Excise, Government of Bihar, Patna.
2. The District Magistrate, East Champaran.
3. The S.H.O. Raxaul, Police Station District- East Champaran.
4. The Principal Secretary, Home Police, Bihar, Patna. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dilip Kumar Tondon, Advocate For the Respondent/s : Mr. Anil Kumar Sinha - GA-1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 05-07-2018 This writ petition has been filed for release of a vehicle ( Bajaj Motorcycle ) bearing Registration No.
BR05M8728, which has been seized in connection with Raxaul P.S. Case No. 64 of 2018 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.
Patna High Court CWJC No.12059 of 2018 (2) dt.05-07-2018 2/2 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 two surety bonds to the satisfaction of District Magistrate-cum-Collector, East Champaran 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) K.C.jha/- U