Santosh Prasad v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12218 of 2018 ====================================================== Santosh Prasad, son of Sri Chhotelal Sah, resident of village- Inarwa, P.S.- Kangali, District- West Champaran (Bihar).
.... .... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Department of Excise, Government of Bihar, Patna.
2. The District Magistrate, West Champaran at Bettiah.
3. The Superintendent of Police, West Champaran at Bettiah.
4. The Officer in Charge, Police Station- Purushottampur, West Champaran.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tejendra Sinha, Advocate For the Respondent/s : Mr. Kumar Manish- SC5 ====================================================== 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 ( two wheeler Hero, Splendor Plus ) bearing Registration No. BR 22 Y 4697, which has been seized in connection with Purushottampur P.S. Case No. 67 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.12218 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 two surety bonds to the satisfaction of District Magistrate-cum-Collector, West Champaran at Bettiah 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