Vikash Kumar @ Vikash Narayan Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12570 of 2018 ====================================================== Vikash Kumar @ Vikash Narayan Thakur, S/o Ganesh Narayan Thakur, Resident of Govind Mitra Road P.S. Pirbahore District- Patna. Permanent Address:- Resident of Village Bhola Bajja, P.S. Forbesganj District- Araria. ... ... Petitioner

Versus

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

2. The Collector, Araria.

3. The Superintendent of Police, Araria.

4. The Deputy Superintendent of Police Forbesganj District Araria.

5. Ram Awatar Ram, S.I. Forbesganj Police Station, District Araria. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Prasad Singh, Advocate For the Respondent/s :

Mr. Vikash Kumar -SC-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 09-07-2018 This writ petition has been filed for release of a vehicle (Motorcycle Yamaha FZ) bearing Registration No. BR 01AV1053, which has been seized in connection with Forbesganj P.S. Case No. 568 of 2017 of 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.12570 of 2018(2) dt.09-07-2018 2/2 finalization of the confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing two sureties to the satisfaction of District Magistrate, Araria within a period of one week from the date of his 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