Radhe Shyam Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13290 of 2018 ====================================================== Radhe Shyam Kumar, Son of Mahendra Sah, Resident of Village- Bhutahi Ward No.-1 P.S. Sonbarsa, District Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar, through the Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna. 2.The Collector/ District Magistrate- Sitamarhi, District- Sitamarhi. 3.The Excise Deputy Commissioner, Sitamarhi.

4.The Superintendent of Police, Sitamarhi.

5.The Superintendent of Excise, Sitamarhi.

6.The Manish Sarraf, Assitant Inspector Excise, Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Vivek Prasad- GP 7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 13-07-2018 This writ petition has been filed for release of a vehicle (T.V.S Sport Motorcycle) bearing Registration No. BR30J/3906, which has been seized in connection with Excise Case No. C2-199 of 2018/260 due to violation of the provisions of the Excise Act.

It is common ground that in various cases, identical in nature, pending finalization of the confiscation/excise/criminal 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.

Patna High Court CWJC No.13290 of 2018(2) dt.13-07-2018 2/2 Keeping in view the aforesaid, it is directed that pending finalization of the confiscation/excise proceedings and/or criminal case, the vehicle in question shall be released to the petitioner on the petitioner furnishing two surety bonds to the satisfaction of District Magistrate-cum-Collector, / 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/excise proceedings and/or criminal case so as to create third party rights or prejudice the rights of the State in the pending proceedings. Valuation of the vehicle in question shall be done as per the valuation shown in the insurance documents. The vehicle in question be released within one week from the date of furnishing the surety bonds. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) K.C.Jha/R.S.Sen U