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Patna High CourtCWJC/11229/2018disposed

Phulo Kumari v. The State Of Bihar And ORS

2018-06-20Mr. Justice Rajeev Ranjan Prasad,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11229 of 2018 ====================================================== Phulo Kumari, D/o Brinshpatti Mandal @ Brahaspatti Mandal, R/v Khatauma Ward No.07, P.s.-Bennipatti, District-Madhubani. ... ... Petitioner/s

Versus

1. The State Of Bihar through its Principal Secretary, Excise Department, Government of Bihar, Old Secretariat, Patna.

2. The District Magistrate, Madhubani.

3. The Superintendent of Police, Madhubani.

4. The Officer-in-Charge of Basopatti Police Station, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinod Kumar, Advocate For the Respondent/s :

Mr. Anil Kr. Sinha- GA1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-06-2018 This writ petition has been filed for release of a vehicle (Passion Pro Drum Motorcycle) bearing Registration No. BR 32N 2269, which has been seized in connection with Basopatti P.S. Case No.60/2018 due to violation of the Bihar Prohibition and Excise Act, 2016.

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 and we see no reason to make a deviation in the present case.

Keeping in view the aforesaid, it is directed that pending

Patna High Court CWJC No.11229 of 2018(2) dt.20-06-2018 2/2 finalization of the confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on her furnishing two sureties to the satisfaction of District Magistrate, Madhubani within a period of one week from the date of her furnishing the sureties and further undertaking to produce the vehicle as and when directed by the authority concerned and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case so as to cause adverse effect or prejudice to the State Government.

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

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Sunil/- U