Subodh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13526 of 2017 ====================================================== Subodh Kumar, son of late Hardwar Singh, Resident of Village-Bargaon, Police Station-Fatehpur, District-Gaya.

... ... Petitioner/s

Versus

The State Of Bihar & Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No-2 For the Respondent/s :

Mr. VIKASH KUMAR-SC11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 15-09-2017 The Tata Sumo Grand Turbo and Motorcycle bearing Registration No. BR-01PB-1374 and BR-1AH-4147 respectively, have been seized by the Sirdalla Police Station in Sirdalla P.S. Case No.249 of 2016 registered for the offence under Section 414 of the Indian Penal Code and under Section 30 (a) of the Bihar Excise and Prohibition Act, 2016 and confiscation proceedings in a Confiscation Case Miscellaneous (Excise) Case No.06 (M)/2017 has been initiated under the Act by the District Magistrate, Nawada.

Seeking release of the vehicles in question, this writ petition has been filed and it is common ground that in various cases, similar petitions have been allowed and pending finalization of the

Patna High Court CWJC No.13526 of 2017 dt.15-09-2017 2/2 confiscation proceedings, seized vehicles have been directed to be released.

Keeping in view the aforesaid, this petition is also allowed and the vehicles in question, i.e. Tata Sumo Grand Turbo and Motorcycle, bearing Registration No. BR-01PB-1374 and BR1AH-4147 respectively, shall be released to the petitioner on his furnishing adequate sureties to the satisfaction of the District Magistrate, Nawada subject to the condition that the petitioner shall make available the vehicles in question before the authority concerned as and when directed and further that he shall undertake not to alienate the vehicles or deal with them in any manner whatsoever during the pendency of the confiscation proceedings before the District Magistrate so as to cause adverse effect or prejudice to the State Government.

With the aforesaid, the petition stands disposed of. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.09.2017 Transmission Date