Gama Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT

PATNA Civil Writ Jurisdiction Case No.14843 of 2018 =============================================== ======= Gama Singh, S/o Mahendra Singh, Resident of Ward No.13, Seej Tola, P.S.- Amdabad, District- Katihar, At present Sakri Gali, P.S.- Taljhari, District- Sahibganj (Jharkhand).

... ... Petitioner/s

Versus

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

2. The Principal Secretary, Excise Department, Government of Bihar, Patna.

3. The Director General of Police, Bihar.

4. The District Magistrate, Katihar.

5. The Superintendent of Police, Katihar.

6. The Station House Officer, Barari (Semapar), District- Katihar. ... ... Respondent/s =============================================== ======= Appearance :

For the Petitioner/s :

Mr. Raghvendra Kumar Singh, 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) 03-08- This writ petition has been filed for release of a vehicle (Hero Splendor Pro) bearing Registration No. JH- 18D- 3156, which has been seized in connection with Amdabad P.S. Case No. 117 of 2017 due to

Patna High Court CWJC No.14843 of 2018(2) dt.03-08-2018 2/3 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 in question shall be released to the petitioner, on his furnishing Bank Guarantee to the satisfaction of District Magistrate, 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 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

Patna High Court CWJC No.14843 of 2018(2) dt.03-08-2018 3/3 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) K.C.Jha/UmaU