Rajendra Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13758 of 2018 ====================================================== Rajendra Mahto, S/o Dhuran Mahto, of Vill.- Pathrahi, P.S.- Khutauna, Dist.- Madhubani.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principle Secretary Excise, Prohibition & Registration Department Government of Bihar, Patna.

2. The Collector-cum-District Magistrate, East Champaran, Motihari

3. The Superintendent of Excise, East Champaran, Motihari.

4. The Superintendent of Police East Champaran, Motihari.

5. The Officer in Charge, Motihari Town, P.S. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sangeet Deokuliar, Advocate n 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) 19-07-2018 This writ petition has been filed for release of a vehicle (Maruti Suzuki SX4) bearing Registration No. HR 26 AR 4241, which has been seized in connection with Dumariya Ghat P.S. Case No. 56 of 2018 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.

Patna High Court CWJC No.13758 of 2018(2) dt.19-07-2018 2/2 Keeping in view the aforesaid, it is directed that pending finalization of the aforesaid confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner, on his furnishing Bank Guarantee and Two Local Sureties to the satisfaction of District Magistrate, East Champaran, Motihari 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 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 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