Patna High CourtCWJC/14220/2017disposed

Shailendra Kumar v. The State Of Bihar And ORS

2017-10-16The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14220 of 2017 ====================================================== Shailendra Kumar, son of Chhotan Yadav, R/o- Village- Siddheshwarpur, Nehalu Chowk, P.S. Town, District- Nawada ... ... Petitioner/s

Versus

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

2. The District Magistrate, Nawada

3. The Station Road Officer, P.S. Town (O.P. Bundel Khand), DistrictNawada ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 16-10-2017 This writ petition has been filed for release of a vehicle (Bolero) bearing Registration No. BR 27A-9103, which has been seized in connection with Nawada Town (O.P. Bundel Khand) P.S. Case No. 706/16 due to violation of the Excise Act. The prayer made in the writ petition is to release the vehicle in question pending finalization of Confiscation Case No. 127(M) 2017 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

Patna High Court CWJC No.14220 of 2017 dt.16-10-2017 2/2 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, Nawada and further undertaking to produce the vehicle as and when directed by the District Magistrate, Nawada and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case.

With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 18.10.2017 Transmission Date