Rajesh Sahni v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4518 of 2018 ====================================================== Rajesh Sahni, son of Dukhan Sahni, resident of Plot No.46, Block A, D.C.M. Coloney Part 2, Ibrahim Pur, Extension Delhi, P.S.- Swaroop Nagar, DistrictNareha, New Delhi. ... ... Petitioner/s

Versus

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

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

3. The District Collector, Motihari, East Champaran.

4. The Superintendent of Police, Motihari, East Champaran.

5. The Officer-in-Charge of Dumariya Ghat Police Station, Motihari, East Champaran.

6. The Investigating Officer of Dumariya Ghat Police Station Case No.15 of 2018.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, 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) 15-03-2018 This writ petition has been filed for release of a vehicle (Truck) bearing Registration No. H. R. 69 C 8724, which has been seized in connection with Dumariya Ghat P.S. Case No.15 of 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

Patna High Court CWJC No.4518 of 2018(3) dt.15-03-2018 2/2 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 finalization of the confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing the bank guarantee and two local sureties to the satisfaction of District Magistrate, Motihari, East Champaran, within a period of one week from the date of his furnishing the bank guarantee and two local 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