Raj Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1427 of 2018 ===========================================================

1. Raj Kumar Singh, S/o Ram Krit Singh, resident of Mohalla- House No. 78 Jamira, P.S.- Muffasil Arrah, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Excise Prohibition & Registration Department, Government of Bihar, Patna.

2. The Collector-Cum- District Magistrate, Bhojpur, Ara.

3. The Superintendent of Excise, Bhojpur, Ara.

4. The Superintendent of Police, Bhojpur, Ara.

5. The Officer-Incharge, Ara Town Police Station. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sangeet Deokuliar, Adv. For the Respondent/s : Mr. A.K. SINHA- GA1 Mr. Kumar Ravish, Adv.

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 01-02-2018 This writ petition has been filed for release of a vehicle bearing Registration No.BR03P 8676 which has been seized in connection with Ara Town P.S. Case No.303 of 2017 due to 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

Patna High Court CWJC No.1427 of 2018 dt.01-02-2018 2/2 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-cum-Collector, Bhojpur, Ara, and further undertaking to produce the vehicle as and when directed by the District Magistrate-cum-Collector, Bhojpur, Ara, and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case so as to create third party rights or prejudice the rights of the State in the pending proceedings. The vehicle in question be released within one week from the date of furnishing the bank guarantee.

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

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date09-02-2018 Transmission Date