Patna High CourtCWJC/7906/2017allowed

Asgar Khalifa v. The State Of Bihar And ORS

2017-06-06Mr. Justice Arvind Srivastava2 pages

Patna High Court CWJC No.7906 of 2017 (2) dt.06-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7906 of 2017 ======================================================

1. Asgar Khalifa Son of Akbar Khalifa Resident of Mohalla Gandhi Nagar, Gulab Bagh P.S. Sadar, District - Purnea.

.... .... Petitioner/s

Versus

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

2. The Divisional Commissioner Excise Department Purnea Division, Purnea.

3. District Magistrate Purnea.

4. The Superintendent of Police, Purnea.

5. Officer-incharge Baisi Police Station, Purnea. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Anand, Advocate For the Respondent/s : Mr. Vivek Prasad, G.P.7 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-06-2017 Seeking release of a vehicle bearing Registration No. BR-11T 2681, Engine No.

R3K2410284, Chassis No.

MBXOOOOZFRL800925 (Tempo-3 Wheeler) by the Baisi Police Station Baisi P.S. Case No. 154 of 2016, under Section 273 of the Indian Penal Code and Section 47A of the Bihar Prohibition and Excise Act, 2016, this writ petitioner has been filed. Having heard learned counsel for the parties, it is directed that pending finalization of the criminal case and the confiscation proceeding, keeping in view various orders passed by a co-ordinate Benches of this Court, I allow this writ application and direct for release of the vehicle in question, bearing

Patna High Court CWJC No.7906 of 2017 (2) dt.06-06-2017 Registration No. BR-11T 2681, Engine No. R3K2410284, Chassis No.

BBXOOOOZFRL800925 (Tempo-3 Wheeler) to the petitioner on furnishing surety or security bonds to the satisfaction of the respondent No.3, District Magistrate, Purnea, in connection with Baisi P.S. Case No. 154 of 2016 and further undertaking to keep the vehicle and produce before the District Magistrate, Purnea, as and when directed and further directed not to alienate during pendency of the proceeding for confiscation the vehicle in question, as released.

With the aforesaid, this writ petition stands disposed of.

(Arvind Srivastava, J) brajesh/- U