Ajay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15526 of 2018 ====================================================== Ajay Kumar son of Fulena Singh, R/o village- Meenapur, P.s.- Naya Ganow, District- Begusarai ... ... Petitioner

Versus

1. The State Of Bihar through Home Secretary, Government of Bihar, Patna

2. The Principal Secretary, Department of Excise and Prohibition, Government of Bihar, Patna

3. The District Magistrate-cum-Collector, Samastipur

4. The Superintendent of Police, Samastipur

5. The S.H.O., Rosera Police Station, District- Samastipur ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Rabindra Kumar Priyadarshi, Advocate For the Respondent/s :

Mr. Vivek Prasad -GP7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 07-08-2018 This writ petition has been filed for release of a vehicle (Tata Tempo Tiago) bearing Chasis No. MAT626282JKP39793 and Engine No.

REVTRN02BRYK38426, which has been seized in connection with Rosera P. S. Case No. 245 of 2018 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. Keeping in view the aforesaid, it is directed that

Patna High Court CWJC No.15526 of 2018(2) dt.07-08-2018 2/2 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 the bank guarantee to the satisfaction of District Magistrate-cum-Collector, Samastipur 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.

The vehicle in question be released within one week from the date of furnishing the bank guarantee. Valuation of the vehicle shall be done as per insurance document. With the aforesaid, the writ petition stands allowed and disposed of.

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