Munilal Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12263 of 2018 ====================================================== Munilal Singh, Son of Moti Singh, Resident of Village- Shrinagar Chowk, P.S. Muffasil, Ranipatra, District- Purnea.

... ... Petitioner/s

Versus

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

2. The District Magistrate, Katihar.

3. The Superintendent of Excise, Katihar, District- Katihar.

4. The S.I. Shahayak Nagar Police Station, Katihar, District- Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Musowir, Advocate For the Respondent/s :

Mr. Anil Kr. Sinha- GA1 ====================================================== 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 Auto Rickshaw bearing Registration No. BR11PA-4167, which has been seized in connection with Shayyak Nagar P.S. Case No. 305 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.

Keeping in view the aforesaid, it is directed that

Patna High Court CWJC No.12263 of 2018(2) dt.05-07-2018 2/2 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, Katihar 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) ( Rajeev Ranjan Prasad, J) K.C.Jha/- U