Ajay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13505 of 2018 ====================================================== Ajay Kumar son of Rajendra Rai resident of Village - Naya Tola, Hakikatpur, P.S. - Bakhtiyarpur, District - Patna.

... ... Petitioner/s

Versus

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

2. The District Magistrate, Patna.

3. The Senior Superintendent of Police, Patna.

4. The Officer-in-Charge, Beur P.S., District - Patna.

5. The Investigating Officer, Beur P.S., District - Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok, 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) 19-07-2018 This writ petition has been filed for release of a vehicle (Ford Figo Car) bearing Registration No. BR01BA-7227 and Mobile No. 7903777578, which have been seized in connection with Beur P.S. Case No. 226/17, Special Case No. 6174 of 2017 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 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 and mobile in question shall be released to the petitioner,

Patna High Court CWJC No.13505 of 2018(2) dt.19-07-2018 2/2 on his furnishing Bank Guarantee to the satisfaction of District Magistrate, / and further undertaking to produce the vehicle and mobile 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. Valuation of the vehicle in question shall be done as per the valuation shown in the insurance documents.

The aforesaid vehicle and mobile 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) Sunil/R.S.SenU