Jagarnath Uraon @ Jagrnath Uraw And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2269 of 2018 ======================================================

1. Jagarnath Uraon @ Jagrnath Uraw, Son of Gena Uraw, Resident of Village- Barwadih, Ward No. 10, Police Station- Gobrahia Done, District- West Champaran at Bettiah.

2. Nandlal Yadav @ Nand Lal Yadav, Son of Late Chandi Yadav, Resident of Village- Sidhaw, Police Station- Laukariya, DistrictWest Champaran at Bettiah. ... ... Petitioner/s

Versus

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

2. The District Magistrate-cum-Confiscation Officer, West Champaran at Bettiah.

3. The Superintendent of Police Bagaha, District- West Champaran at Bettiah.

4. The Station House Officer, Semara (Chiutaha), District- West Champaran at Bettiah.

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

For the Petitioner/s :

Mr. Raghunandan Kumar Singh 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) 19-02-2018 This writ petition has been filed for release of a vehicle (Motorcycles) bearing Registration Nos.BR 22Y 6462 and BR 22K 8923, which have been seized in connection with Semara (Chiutaha) P.S. Case No. 118 of 2017 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

Patna High Court CWJC No.2269 of 2018(2) dt.19-02-2018 2/2 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 finalization of the confiscation/excise proceedings and/or criminal case, the vehicles in question shall be released to the petitioners on the petitioners furnishing two surety bonds each to the satisfaction of District Magistrate-cum-Collector, West Champaran at Bettiah and further undertaking to produce the vehicles as and when directed by the authority concerned and not to alienate or deal with the vehicles 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 vehicles 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/- U