Bhagwan Lal Bhagat v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1917 of 2016 ====================================================== Bhagwan Lal Bhagat S/o Late Barfi Lal Bhagat Resident of village - Purab Bazar, Railway Dhala, Ward No. 30, P.S. Saharsa, District - Saharsa .... .... Petitioner

Versus

1. The State of Bihar through the Collector, Madhepura

2. The Collector, Madhepura

3. The Block Supply officer, Singheshwar, Madhepura .... .... Respondent ====================================================== Appearance :

For the Petitioner : M/s Dhananjaya Nath Tiwari Vijay Anand, Advocates For the State : M/s Dr. A.K. Upadhyaya SC 20 and Naresh Prasad, AC to Sc 20 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 23-02-2016 Heard learned counsel for the petitioner and the State. At the time of hearing, learned counsel for the petitioner raises only one issue, i.e., for release of the vehicle on furnishing sufficient security before the competent authority. It is contended that the petitioner is the owner of the vehicle which is apparent from Annexure 2 series and there would be no reason for not releasing the vehicle even during the pendency of the confiscation case upon furnishing sufficient security.

Having regards to the facts and circumstances of the case, this Court will direct for release of the vehicle concerned after proper verification regarding the ownership and also

Patna High Court CWJC No.1917 of 2016 (2) dt.23-02-2016 2/2 considering Annexure 2 appended with the writ application upon furnishing sufficient security to the satisfaction of the confiscating authority. The release would be subject to the result of the confiscation case as well as the concerned criminal proceeding and if required, the petitioner would have to produce the vehicle before the court concerned or confiscating authority. It is expected that the entire exercise would be completed within a period of four weeks from the date of receipt / production of a copy of this order.

It goes without saying that the petitioner would not dispose off the vehicle in the interregnum period. This writ application stands disposed of.

(Dr. Ravi Ranjan, J) Spd/- U